When you've filed for divorce and the next step in the process is to let your spouse know about your decision, the correct way to do so is by having someone serve him or her with divorce papers. Having a third party take care of this important responsibility for you can keep the situation from escalating in an angry and even violent manner. It's important to talk to your divorce attorney about who you'll appoint to serve the papers. Here are some dos and don'ts that you should consider.
Do: Choose Someone With The Right Attributes
Regardless of who you're choosing to fulfill this task, he or she must possess the right attributes. You want someone who will do the job correctly, and that includes being firm and neutral. You don't want someone who will be overly emotional in one way or another or who might complicate this step in some unknown manner. A friend who is professional and won't get caught up in any drama can often be the right choice.
Don't: Select A Family Member
Lots of people plan to use a family member to serve their spouse with divorce papers, but this is generally a bad idea. Family members have trouble staying neutral. A sibling, for example, will likely be firmly on your side. This could compel him or her to make a snide remark when serving the papers or perhaps even have a satisfied facial expression if he or she never liked your spouse.
Do: Consider Using A Legal Professional
Talk a law firm like Dionisio Law about using one of their lawyers or perhaps a legal assistant. Assigning this job to a legal professional can be a smart choice because of the professional's ability to be neutral. He or she may also have experience in this capacity—something that probably isn't true for a friend or co-worker whom you select—and the odds of him or her doing something wrong are thus considerably less.
Don't: Instruct Someone To Go Off The Script
Generally, when someone serves divorce papers on behalf of someone else, he or she must follow a specific set of instructions laid out by the attorney. These can differ by location, but confirming the person's identity_if you're not using someone who knows your spouse—and explaining the nature of the papers being presented is generally the format that the person follows. You never want to encourage someone to deviate from the script by perhaps insulting your spouse.
Share5 December 2018
I was blessed to have grown up in a home with loving supportive parents. They both worked extremely hard in order for me and my sister to enjoy a better life than they had. Financially, they bought me a new car when I was sixteen. They also paid for my college expenses. Many parents do the same for their kids. They want to provide for them in the present while safeguarding their futures. One way parents can invest in their kids’ futures is by placing money in trusts that their children can utilize when they reach a certain age. A reputable attorney can establish beneficial trusts for your kids. On this blog, you will learn about the benefits of consulting with an attorney about setting up trusts for your children.