Step Three: File and serve the formsStep Three: File and serve the forms admin Thu, 05/21/2020 - 05:56
What if I am the one who was “served” with the papers?
The court papers you receive, as the Defendant, may include an "Acknowledgment of Receipt" form. This form is used to simplify and expedite the "service" process. By signing and returning the form, you are only agreeing that you got the divorce papers. You are not agreeing to everything in the Plaintiff's Complaint. You will have the chance to explain where you stand on issues at the conference, the mediation, and any formal hearings you may have.
Defendants need to complete and file an Entry of Appearance form. On this form, be sure to include your correct address. Then the court will know where to send you all important notices and court dates. "File" by mailing or hand-delivering to the court. Send a copy of this, and all your court filings, to the Plaintiff. Keep a copy for your own file.
Defendants also need to complete and file an Answer. You have 20 days to do this, starting from the day you were "served." The divorce form includes a Counterclaim. This Counterclaim is your request for a divorce. If you do not file a Counterclaim and the Plaintiff decides to dismiss their case or does not show up at the final hearing, the court will dismiss the case. Then you would have to file a new complaint, starting all over again. By including a Counterclaim with your Answer, you are ensuring that your case will move forward even if the Plaintiff decides to dismiss their complaint or does not show up.
Read on. The rest of this information applies to both spouses. Within two or three weeks of getting the Plaintiff's Complaint, the court will send both of you a scheduling notice. This will include a time and date to appear in court.
Here are some helpful tips about filing and serving these forms:
- You can avoid paying a "service fee" if your spouse signs the acknowledgement of service form. You can give the papers to your spouse by hand or regular mail. If they do not agree to this, you will have to pay for "service." Learn your options by reading the Divorce Information Sheet (see above).
- If you try certified mail service and the defendant does not sign the green postal card, this means either that they refused to sign or that the mail was undeliverable.
- If the defendant refused to sign, you can send the papers by regular mail, then file the green card and affidavit stating how you served the papers and why with the court clerk.
- If the green card comes back saying the mail was undeliverable, then you must try one of the other service methods. See below.
- If you think that one of the two mail methods will work, you can serve copies of your papers before you file the originals with the court. (When you use this "serve first" methods, you have 20 days to file your papers with the court after serving them on your spouse.)
- If the mail methods don't work because the defendant is avoiding service, you can use the Service by Sheriff method. This costs more.
- If you can't afford the fee, you can file your papers with the court first, along with your fee waiver application.
- Explain in your application why you need to use Service by Sheriff.
- If the court approves your application, the court will pay for the cost of Sheriff Service.
- When you use this "file first" method, you have 90 days to serve after filing.
- You may not be able to find your spouse. If you have made all reasonable efforts but still cannot find the defendant, the court may let you do "Service by Alternative Means."
- Get the court's instruction sheet here.
- Follow the instructions. You may ask for a fee waiver if you cannot afford the cost.
- You can get all the forms you need (listed on the instruction sheet) from the Court Clerk, or online at PTLA or the Court's website.
- This "alternative means" service can be complicated. We recommend that you get help from a lawyer if you can afford it. If you cannot afford a lawyer, you can speak with a volunteer lawyer at CHAP.