After filing for divorce, you must legally "serve" your spouse with copies of the divorce papers. Service of process ensures your spouse receives official notice and has the opportunity to respond. You cannot serve the papers yourself—a third party must deliver them. Common methods include personal service by a sheriff or process server, certified mail with return receipt, or voluntary acceptance of service.
Last updated: February 2026 • Reviewed by Divorce.law Legal Team
Service of process is a constitutional requirement that protects your spouse's right to due process. Without proper service, your divorce cannot proceed, and any judgment entered could be void.
The most reliable method. A neutral third party physically hands the divorce papers to your spouse.
Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.
Note: Some states don't allow certified mail for initial divorce service. Check your state's specific rules.
Your spouse voluntarily signs a document acknowledging they received the papers. The fastest and cheapest option for cooperative spouses.
Last resort when your spouse cannot be located. You publish a notice in a newspaper for a specified period.
After your spouse is served, you must file proof of service with the court. This document proves your spouse received notice. Without it, your divorce cannot proceed to judgment.
If your spouse actively avoids being served, you have options:
If you genuinely don't know where your spouse is:
Out-of-state service is still possible:
Service requirements vary significantly by state. Some states don't allow certified mail for initial service. Others require specific language in the summons. Always verify your state's requirements before attempting service.
Find your state's specific service rulesVictoria AI provides state-specific service instructions, generates proof of service forms, and tracks your deadlines.