How does the other person get the papers after they are filed?

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 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.