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Service of a divorce complaint

November 25, 2011
Most people become alarmed when they see a Sheriff's Deputy approaching their home or their place of employment. But did you know that a divorce complaint can by someone other than a sheriff's deputy?  While there are rules determining who can serve a divorce complaint, any adult who meets the court ordered requirements can be appointed to serve one. You should also know that a divorce complaint can be served in places other than your home or place of employment.

To avoid service by either the sheriff or an appointed process server,  you can sign an Acknowledgment of Service, saying that you have received a Summons and Complaint, ( only after receiving a file stamped copy of both documents from the court)  which starts the divorce process.

 If you know that your spouse is  going to file for divorce, you can ask them to send you a  Summons, Complaint filed and stamped by the court,  and  anAcknowlegment of Service. Your prompt signature can  avoid the embarrassment of  a sheriff or process server showing up at your home or place of employment.  If you are filing for divorce, you can give your spouse the option to sign an Acknowlegment of Serviceand save the cost of service by the sheriff or an appointed process server.

Make sure that you speak with your attorney about the service process. There are very specific rules for  service of a Complaint for Divorce and failure to follow the rules can result in numerous problems, additional costs and  delay in the processing of your matter.

Karen has an MBA from Boston College and received her law degree from Emory. She has an office in Alpharetta and has practiced family law since 1994. She is a Guardian Ad Litem and active Foster Care Advocate with area courts and is also on the Family Law Executive Committee for the State Bar of Georgia. She frequently speaks state wide on family law issues and can be contacted at 770-952-5000.
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Tags: Alpharetta, Cumming, Johns Creek, Milton, Roswell

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