Amicable Divorce and Avoiding the Embarassment of Service of Process

By Robin Roshkind, Esquire, West Palm Beach, Florida

You and your spouse have decided for whatever reason to separate and get a divorce.  You have children, and don’t want to spend a fortune on attorneys fees.  You agree to agree to the terms of your divorce.

However, without proper  notice to the other spouse, the spouse petitioning the court for a divorce cannot get a divorce.  There are two ways to achieve proper notice and preservation of due process rights.

The first is the traditional way, of having a process server knock on the door of the home or office of your spouse and formally serve divorce papers.  This can cause some embarrassment, gossip, or worse, job loss.

The second way is to agree with your spouse to accept divorce papers by waiver of service of process.  If you sign a court document called a waiver, and the papers are mailed to you or delivered by hand by the spouse, this constitutes due process since you are already in agreement to accept divorce papers this way.   The important thing is you have proper notice that you are being sued for divorce.  It just takes the nastiness out of the equation.  This leaves better opportunity for settlement and peace of mind.

For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at http://www.familylawwpb.com.

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