Filing a joint petition: does some sort of official need to "serve" my husband with the papers?

Asked almost 2 years ago - Las Vegas, NV

or can i just send the packet to him, he fills it out, than sends it back to me so that i can file it?

Attorney answers (5)

  1. Jill K. Whitbeck

    Contributor Level 18

    4

    Lawyers agree

    Answered . There is no service of process with a joint petition. You both have to sign, and then file all the necessary papers with the court to be processed. These "do it yourself" projects have a high failure rate in the court system. It is worth consulting with an attorney to make sure you are doing it right.

    Responses are for general information purposes only, and are based on the extremely limited facts given. A... more
  2. F. Peter James

    Pro

    Contributor Level 12

    1

    Best Answer
    chosen by asker

    Answered . A joint petition by definition is a settlement. A standard joint petition will have both parties waive the right to notice of entry of the Decree, among other waivers. If you use the forms from the Family Court Self Help Center, that language is included.

    So, you will generally not have to "serve" the other side with anything.

  3. Anthony M. Wright

    Contributor Level 9

    1

    Lawyer agrees

    Answered . No

  4. David R. Jacks Jr.

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . No.

  5. David Alexander Browde

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . If there is a litigated divorce you need to have the other party properly served. If it's being done on consent then signed documents will suffice.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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