Different Ways to Serve Divorce Papers

Serving divorce papers can be a very easy process for some individuals. These individuals are often the ones who had a previous conversation with their spouse and both sides agreed that a divorce is in their best interest. Unfortunately, for most couples, the process isn’t as easy. The reason is that most divorces occur because of a hardship in the relationship. Cheating, an abusive or lying partner, or a mere lack of interest are all logical reasons to ask for a divorce. That said, if your partner is abusive or controlling, for example, you likely began the divorce process without them knowing, and serving the papers could be something that scares you.

Luckily, you don’t have to deliver the papers personally, and in most states––you can’t. Instead, there are several different ways to serve divorce papers, and we’re going to help you understand your options. If you’re searching for more information, continue reading our guide below.

A county sheriff, coroner, or private investigator

One of the most common ways to serve divorce papers across the nation is through a county sheriff. If you or your attorney don’t ask for an alternate way to serve the papers, most judges default to ordering a sheriff to handle the service of process. Illinois judges default to a sheriff because it’s outlined in Illinois law section 735 ILCS 5/2-202(a) which states that “the process shall be served by a sheriff.” While it’s less common, the same section also indicates you could use a county coroner.

Although a sheriff, county coroner, or even a private investigator are common ways to serve divorce papers, if they have any relation or interest with the defendant, they’re prohibited from serving the papers. In the event that your spouse worked in public safety or local government, it’s possible that they have a relationship with the county sheriff or coroner. In order to avoid a conflict of interest, the judge will likely order an alternate individual to serve the papers.

Private process servers

Although it’s a more expensive option, private process servers are a great option in the event you need to ensure the server is absolutely uninterested. Private process servers are often used in the scenario where your spouse has a large network, especially locally. Additionally, your spouse may know what’s happening if a sheriff arrived in uniform, so private process servers often arrive undercover.

A personal colleague, or friend

In some scenarios, the judge may grant you the option to have a friend, coworker, and potentially a family member to serve the divorce papers. Although, as you may expect, the problem with having one of your friends or colleagues delivering the papers is they clearly have an interest in the case––your interest. Although, the judge will ultimately make the decision if they want to grant your confidant the service of process duty. Furthermore, the individual delivering the papers must be a U.S. citizen and at least 18 years old. While a county official or private process server will deliver the papers directly to your spouse, your colleague may have the option to leave the papers with an alternate recipient. The recipient must be a family member or resident and at least 13 years old, the individual must inform the recipient of the contents of the subpoena.