When a married couple decides to end their relationship, the divorce process needs to be properly carried out. One of the first steps in this process is serving the spouse with divorce papers. In Nebraska, serving divorce papers is a crucial step that needs to be done correctly. Here’s what you need to know.
Why is Serving Divorce Papers Important?
Serving divorce papers ensures that the spouse knows about the divorce proceedings and has a chance to respond. If the spouse does not receive the divorce papers, it may result in the case being dismissed.
How to Serve Divorce Papers in Nebraska
There are two ways to serve divorce papers in Nebraska:
1. Personal Service
Personal service is the most common way of serving divorce papers in Nebraska. This means that an adult who is not a party to the case must physically hand the divorce papers to the spouse.
The process of personal service can be carried out by:
- Hiring a professional process server
- Asking the county sheriff’s department to serve the papers
- Asking a friend or relative over the age of 19 to serve the papers
After serving the papers, the server must fill out an affidavit of service form and file it with the court.
2. Alternate Service
If the spouse cannot be located or avoids being served, the court may grant alternate service. This means the papers can be mailed to the spouse or left with someone else who is over 19 and residing at the spouse’s residence.
Proof of Service
After the papers have been served, the server must complete an affidavit of service form, which should be filed with the court. This form serves as proof that the spouse has been properly served with divorce papers.
Conclusion
If you are going through a divorce in Nebraska, serving divorce papers is an important step in the process. The type of service you choose will depend on your specific situation, but it’s crucial that the papers are served correctly. By following the steps outlined above, you can ensure that the divorce process goes smoothly.