How do I properly serve divorce papers?

In West Virginia, properly serving divorce papers depends on which type of divorce petition is being filed. If the other spouse consents to the divorce, then the petition can be filed on an agreed basis, in which case proper service is not necessary. If the divorce is being contested, then service must take place according to the West Virginia Rules of Civil Procedure. Typically, service is accomplished by personal delivery of the summons and petition by an adult (18 years of age or older) who is not a party or attorney involved with the case. If personal delivery is not possible, then alternate forms of service like certified mail or alternative service may be used instead. If the petitioner is unable to locate the other party for service, then they may file a motion to serve by publication or alternative service. If the motion is granted, the petitioner must publish a notice regarding the petition in a newspaper of general circulation in the county where the divorce is being filed. The notice must state the respondent’s name and address, and must be published each week for four consecutive weeks. If alternative service is granted, notice of the divorce must be sent to the other party’s last known address by certified mail with return receipt requested, or by an alternative method approved by the court. In any case, proof of service must be filed with the court within 10 days after the divorce petition is served. If proof of service is not filed within the specified timeframe, then the court may refuse to grant the divorce or hold the petitioner in contempt of court.

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How do I properly serve divorce papers?

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