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Can a Divorce Be Contested If Not Properly Served?

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    Serving Divorce Papers

    • A divorce is not contestable if the divorce papers are not properly served. A divorce will not go beyond the initial filing stage to contest the divorce. The divorce papers inform the spouse of what the petitioner is asking for in the divorce and how much time the spouse has to respond. The court must have sufficient evidence the divorce papers were served properly.

    Service Methods

    • Certified mail with a return receipt, notice by publication and sending the papers through first class mail with an acknowledgment form are acceptable service forms for the court. The petitioning spouse may also use personal service such as the sheriff. Someone more than 18-years-old must serve the papers. Children of the spouses cannot serve papers.

    Contesting a Divorce

    • Contesting a divorce means one spouse does not want the divorce or both spouses do not agree with the divorce terms. When contested, the filing spouse has to prove their grounds for wanting a divorce.

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