How do I properly serve divorce papers?

In Massachusetts, if one party wishes to serve their spouse with divorce papers, they must do so according to the rules of service established by state law. The most common way to serve divorce papers is through personal service, where the papers are delivered directly to the spouse by either an adult over the age of 18 or by a process server (an individual hired to legally serve the documents). In this case, the server must physically hand the papers to the spouse they are trying to serve, and there must be a third-party witness to the service. If personal service is not possible, Massachusetts law also allows for alternative service. In this case, the documents may be sent to the spouse’s last known address, or if the address is unknown, an advertisement in the newspaper of the spouse’s last known address. The server must also make a good faith effort to get a third-party to deliver the papers to the spouse, such as by giving them to a relative of the spouse, a housekeeper, or another person at the home. It is important to note that whichever way a spouse chooses to serve the divorce papers, the server must also provide proof of the service to the court. This is usually a signed affidavit from the server or a witness to the service, stating the time and place of service. The spouse must also have personal knowledge of the service, according to Massachusetts law. Failure to follow the proper service process can result in delays in the divorce proceedings.

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How do I properly serve divorce papers?

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