Going through a divorce is undoubtedly a challenging and stressful situation for any couple. However, to ensure that the divorce process is carried out legally, it is crucial to understand the process of serving divorce papers accurately and properly. In this comprehensive guide, we will delve into the intricacies of how to legally serve divorce papers in the state of Arkansas.
What Is Divorce Service & Why Is It Important?
Divorce service refers to the legal process of serving divorce papers to the other party involved in the divorce case. This process holds a significant importance as it legally notifies the other party about the initiation of divorce proceedings against them.
In the state of Arkansas, courts require proper service to ensure that both parties receive equal notice and have the opportunity to appear in court. Proper service not only protects the rights of both parties but also upholds the integrity of the legal system itself.
Who Can Serve Divorce Papers in Arkansas?
According to Arkansas law, divorce papers must be served in-person by adults who are not involved in the case. This means that individuals who are neither related nor involved in the case can serve the divorce papers.
To serve divorce papers in Arkansas, the designated individuals must meet the following qualifications:
- They must be adults.
- They must not be involved in the divorce case.
- They must not be related to the parties involved in the case.
- They must reside in the state of Arkansas.
How To Serve Divorce Papers In Arkansas
Serving divorce papers in Arkansas involves adhering to specific requirements. The following outline provides a step-by-step guide on how to serve divorce papers in Arkansas:
Step One: File Your Divorce Petition
Before you can serve your divorce papers in Arkansas, you must first file a divorce petition in the court. Simultaneously, you should obtain a copy of the summons along with the complaint.
Step Two: Fill Out the Appropriate Forms
After obtaining the divorce papers, proceed to fill out the necessary forms. Arkansas law mandates the completion of a summons, a copy of the divorce petition, and any other relevant forms.
Step Three: Serve Your Divorce Papers
In Arkansas, divorce papers must be personally served by an adult who is not involved in the case. Once you have acquired the necessary forms and identified an individual to serve the papers, the serving party must:
- Deliver a copy of the divorce papers to the other party.
- Inform the other party of their rights to contest the divorce.
- Sign either an affidavit of service or return of service.
Step Four: Affidavit of Service or Return of Service
Once the divorce papers have been served, the individual who served the papers must sign either an Affidavit of Service or a Return of Service. These forms are legally essential to certify that the other party has received the divorce papers and has been duly notified of the upcoming court date.
An Affidavit of Service is signed by the serving individual and submitted to the court. On the other hand, a Return of Service is signed and filed in court by a sheriff or certified process server.
Serving Divorce Papers If the Other Party Cannot Be Found
In certain circumstances where serving divorce papers in-person becomes a challenge due to the other party’s inability to be located, the court allows for an alternative method called "service by publication."
Service by publication entails publishing the divorce summons in a newspaper or other media outlets within the jurisdiction where the divorce case is filed. Serving by publication usually involves additional steps, such as obtaining a court order that authorizes publication and subsequently submitting a copy of the publication to the court as proof of service.
Conclusion
Serving divorce papers in Arkansas plays a crucial role in obtaining a divorce legally. By following the proper steps required in Arkansas to serve divorce papers, both parties are notified appropriately, ensuring that they receive equal notice and have an equal opportunity to appear in court.
If you find it challenging to serve the papers in Arkansas, it is recommended to seek the advice of an experienced family law attorney. Their expertise will provide you with the necessary information and guidance to ensure that the divorce process proceeds as smoothly as possible.