Does my spouse need to be served with divorce papers?

Yes, it is mandatory for your spouse to be served with divorce papers in order for the divorce to be finalized in Indiana. This process is called ‘service of process’ – your spouse must be provided legal notice of your divorce in order to be properly informed of the proceedings. Under Indiana law, one of the following methods of service must be used to legally serve your spouse with the divorce papers: 1. Personal service – the divorce papers must be personally delivered to your spouse by either a sheriff or a private process server. 2. Certified mail – you can also send the divorce papers to your spouse’s last known address via US Certified Mail, Return Receipt Requested. 3. Publication – if a valid address cannot be located, you may serve the papers by publishing an announcement of the proceedings in a newspaper of general circulation in the county in which your spouse is believed to live. These different methods of service ensure that your spouse is given the opportunity to contest your divorce if they choose to. Once your spouse has been properly served, the count in which your divorce was filed should send you an affidavit of service to prove that your spouse received the notice of divorce.

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