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    vanessaxshea's Avatar
    vanessaxshea Posts: 5, Reputation: 1
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    #1

    Jan 8, 2010, 11:21 PM
    Serving divorce papers
    I filed for divorce and was planning on having my brother serve the divorce papers to my ex tomorrow after I picked up my daughter from her time with him. Now he is saying that he is going to be dropping her off at my house, where I live with my parents.

    My question is, can I have my father serve him with the divorce papers at our house? Or is that against the law? Does the location matter, or is it just that it cannot be me serving the papers?

    I wouldn't be the one serving him the papers, but it would be at our house. I just need him to be served this weekend.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #2

    Jan 9, 2010, 07:11 AM

    Mostly it depends on what state your in. They have different rules. Most of the time the general rule is that it has to be a disinterested party. And family members don't qualify for that.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 9, 2010, 08:19 AM

    If you know it is going to be contested, lawyers fighting, I would use a professional process server, or at least someone not related to family
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jan 9, 2010, 08:25 AM

    Whether it's allowed in your State - and that varies - it's a foolish thing to do if service is ever contested.

    I expressed my concerns on your other thread - you are filing the divorce yourself, no Attorney, and you don't understand the basics. I see this turning into a real problem for you.

    Have you consulted with an Attorney at all, about any aspect of a divorce?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Jan 9, 2010, 11:19 AM

    If a family member served your husband that would definitely be bad service and your suit could be dismissed.
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