Sworn Affidavit of Service?

[TODivorce]

Good afternoon - can someone please advise as to the best way to obtain a sworn affidavit of service in the following situation: I know where my ex lives along with tel. number, e-mail address etc. however she is non responsive to my tel. messages or e-mail messages in addition to requests from her lawyer to obtain financial disclosure. I am contemplating serving her on the premise that she won't do anything in the 30 day alloted window (we have been trying to get financial disclosure for 9 months). I am certain that she won't bother signing and returning a reply card which I assumes means that she must be served in person - can this be done via courier, registered mail etc. or does it have to be from a professional service. Thanks in advance.....

[Lindsay]

Hi TODivorce,

Personal service means exactly that... your wife must be served personally. This can be done by anyone but you. So, if you have a friend that's willing to just hand your wife the application and swear an affidavit of service, that will be sufficient (and at no cost to you). You may also want to consider hiring a process server to serve the application. You would likely be looking at between $40.00 and $100.00 for this service depending on how hard it is for the process server to catch your wife at home (or where ever she is being served).

While I normally don't encourage anyone to serve another party at the workplace, you may also do this if you have to. I suggest trying her at home or in a more private place first.

Also, please make sure that you serve a photocopy of the application and NOT the original. You will need to file the original in the court file later.

Lindsay

[Lifeupsidedown]

Where to serve

Lindsay,

I noticed that you mentioned that you prefer not to serve people at their place of work. I was just curious as to why you feel this way. The reason I am asking is because that is exactly where I was served (even though my stbx clearly knew she could easily reach me at home). Is this a decision her lawyer would make? Is it common practice for a lawyer to ask where it would be preferred to serve the party? Is it up to the "special service" provider? I know it seems silly, afterall I mean you are going to served anyway but for me personally I found this tactic, if that was what it was, very cold, demeaning and unnecessary. In the end this choice only further added to the adversial nature of the hole process. For me it really indicated just how much will there would be on her behalf to settle matters fairly.

[Lindsay]

Hi Lifeupsidedown,

The reason why I wouldn't suggest it is because getting a divorce is hard enough in itself without having to deal with being served with divorce papers in front of your coworkers.

Lawyers follow the instructions of their clients. If a client says that the best or only way to serve their spouse is at work, then that is what is arranged. Also, process servers serve where and when they are told to serve, so they follow the client's instructions. The only exception to this is when the process server is also hired to locate a spouse because their location is unknown. It's pretty unlikely, however, that a process server would find out where a party works before where they live.

I'm sorry you had to be served at work though, that was likely embarassing for you. I hope you and your spouse were able to come to an agreement.

Lindsay

[logicalvelocity]

Serving a person at their employment could be considered coercion and harassment.

lv