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How to serve someone when changing a Sep Agreement

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  • How to serve someone when changing a Sep Agreement

    Hi everyone... I'm wondering if anyone knows off the top of their head how papers are to be served for someone who wants to change a Separation Agreement? My ex keeps sending me emails saying "I'm going to file... I'm going to file..." My concern is, I'm worried that he will be allowed to serve me by mail, and I am leaving this weekend for a 3 week vacation. If he sends me the paperwork by mail and it sits in my mailbox while I'm away I will lose some precious time. I think I only have 30 days to respond and if I've been away for 21 of them it could really make a frantic time for me. At least if he serves me in person, I KNOW I've been served and can get started on things.

    Does anyone know if I must be served in person? Or if he would be allowed to serve me by mail? I've looked online... but those government websites are very confusing "you may serve this way for this, but must serve that way for that."

  • #2
    I could be wrong, but I think if it is a new case then you must be served in person. If there is already a case (and she is filing a motion) you can be served by mail.

    Can you have someone pick up your mail for you? That way if something comes they can let you know?

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    • #3
      Usually when they serve you "by mail" they have to make reasonably certain you will receive it. If he knows you are out of town for 3 weeks, then he knows you WON'T receive it.

      First time submissions usually have to be done in person, you CAN do it via registered mail (so someone has to sign for it) or have someone do it for you. (They usually have to fill out an affidavit saying "Yes I served so and so at this date/time/location")

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