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Nelson & Booth |
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How are court papers served on the
adverse party? |
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After the petition
or motion for modification is filed, the other party must receive proper notification that the petition
or motion for modification has been filed. There are a number of ways the other
party can be notified. Entry of Appearance. The other party may
sign a written “entry of appearance.” This is a document is prepared for the signature
of a person to acknowledge their voluntary desire to become involved in a
particular domestic relations action and acknowledging that the petition has been
received, acknowledging that the Court has jurisdiction and waiving any
requirement that the petition be handed to him or her by a sheriff or other
person authorized to serve process. The signing of the “entry of appearance”
does not mean that the party has agreed to any of the requests contained in
the petition or other papers filed. The “entry of appearance” can be
signed in our office or mailed with the necessary papers. The entry of
appearance must be signed in front of a Notary Public. Formal Service. If the other party
is unwilling to sign an entry of appearance, if our client is not comfortable
handling the service in this manner or if our client is not sure how the
other party will react when he or she receives notification that a petition
or motion has been filed, we can have the papers which need to be given the
other party by either the Sheriff or a person who is specially appointed by
the court to serve legal papers (a “special process server”) or it can be
sent by certified mail service. This is usually an easy process. A party to an action is not authorized to
deliver service to another party. |
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NELSON & BOOTH is a law firm engaged exclusively in a family
law practice emphasizing complex domestic relations actions, including
divorce and determination of parentage, property division, child custody,
parenting time, spousal and child support and representation of parents in
cases of international child abduction. The attorneys at NELSON & BOOTH are licensed to practice
only in the |
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E-mail: Ronald W. Nelson or Joseph W. Booth nelson & booth attorneys at law |
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Disclaimer | Copyright © 1999-2003 Nelson & Booth | Colophon |
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