One of the first steps in filing for divorce in Georgia is serving the divorce papers. If you filed for the divorce first, you’ll need to serve these papers on your spouse. Should you do this directly, or should you get someone else to do it? What happens if your ex continues to “dodge” service? This is a conversation you should probably have with an experienced divorce lawyer in Georgia.
Georgia Does Not Allow You to Serve the Papers Directly
Although many other jurisdictions allow spouses to serve their exes directly with the divorce papers, Georgia is different. The Peach State requires you to use a third party to serve the documents, and you cannot “hand-deliver” them to your ex. Although this might seem like needless complexity (as well as an additional cost), the requirement makes sense for several reasons.
First, a neutral third party can testify in court that they served the documents. If you hand-deliver them, your ex could always accuse you of lying to speed up the process or gain some kind of advantage. In contrast, a sheriff or professional process server really has no reason to lie.
In addition, hand-delivering the divorce papers potentially makes you vulnerable to violence, threats, and other dangerous situations. Divorces are not always easy from an emotional standpoint, and your ex could always lash out if you hand them the divorce papers. Violence could be particularly likely if you and your ex have been estranged, and they are still trying to salvage the relationship.
Who Should I Choose to Serve the Divorce Papers?
There are two options to choose from in this scenario. First, you can work with the local sheriff’s office to serve the documents. The speed of this process depends entirely on the backlog of your sheriff’s office, and delays are certainly possible. On the other hand, working with local law enforcement is generally cheaper than the other option.
This other option is a professional process server. These individuals operate outside of the law enforcement world, and the fees are higher. However, private process servers are also much faster. They might also be more creative and effective when serving elusive exes.
If all else fails, you can still move forward with your divorce. The court might require you to publish a notice of the divorce papers in your local newspaper, and this could allow you to move forward with your divorce. If you have any concerns about this process, you could always discuss your options with a divorce lawyer.
Contact an Experienced Divorce Lawyer in Georgia
Although it might be tempting to serve the divorce papers directly, this may not be the best idea for several reasons. Professionals can take this step for you, and this may protect you from a potentially dangerous situation. In addition, Georgia does not allow it. If you’d like to explore your options further, feel free to schedule a consultation with an experienced divorce lawyer in Georgia. Contact Lankford & Moore Law today.
