How To Write Divorce Papers

If your divorce papers were served by hand, you don’t need to file these two forms Once you have completed the Proof of Service, scan the forms and upload them onto the Commonwealth Courts Portal.For instructions on how to upload documents to the portal, see Factsheet 4 ‘How to use the Commonwealth Courts Portal (Divorce)’.

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But you must prove your spouse was served according to the rules.

You must fill in the proof of service forms carefully, otherwise the court might order you to serve your spouse again.

If you applied for your divorce on paper, the divorce documents will be sealed photocopies of your application.

The hearing date and location will be on the front of the documents. You must arrange service of the sealed divorce documents on your spouse, unless the court gives you special permission (called a Service Order).

If you want to serve the divorce documents in a different way, you will have to ask the court for special permission by filling in an Application in a Case and an affidavit to seek an Order for Substituted Service or Dispensation of Service (see page 3 of this factsheet).

Unless you have a special Service Order, you must serve on your spouse: No. Even if your spouse refuses to sign any documents, the court can grant a divorce order.If you are asking a friend or family member to serve the documents, make sure the person is familiar with the rules of special service.These rules can be found in the Divorce Service Kit.The server must hand the papers directly to your spouse.They must not leave the papers with someone other than your spouse.Fill in the Proof of Service forms (in the Divorce Service Kit).If your spouse has signed the Acknowledgement of Service (Divorce) you will also need to complete an Affidavit Proving Signature (Divorce).You can ask anyone over 18 (not yourself) to serve the divorce papers.Your server may be a friend, family member, the local Sheriff or a professional process server.The Sheriff and professional process servers will charge a fee to serve your spouse.They will need an address and a description or photograph of your spouse.

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