Acknowledgement vs. served papers
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Acknowledgement vs. served papers
My wife’s attorney sent papers in the mail and asked that I sign them as acknowledged only. I told her I wasn’t but then changed my mind. She called them and is trying to get me served asap. I have sent in the papers and they won’t get to the law office till monday. If I go home this weekend and get served will it automatically be a contested divorce because I got served before they received the papers? She found out that she is not going to get all she wants legally and is mad. Should I go home or hide till they get papers?
Asked on June 6, 2009 under Family Law, Georgia
Answers:
Joanna Mitchell / Joanna Mitchell & Associates, P.A.
Answered 15 years ago | Contributor
There really is no difference between accepting service or acknowledging service vs. being formally served by a process server or sheriff, except for the fact that one is formally served on you by someone who is authorized to do so. If you have already accepted service by signing an acknowledgement of receipt of the papers, then getting served by a process server will have no impact. You will still have 20 days to respond to the papers that you have acknowledged either agreeing to the terms or disagreeing (you still must file an Answer even if you have acknowledged receipt of the papers). What makes a divorce "contested" vs. "uncontested" is whether there are any issues in dispute regarding child support, visitation, division of assets and liabilities, etc. If all issues are agreed upon and there are no issues in dispute, then it is an "uncontested" divorce. If there is even one issue in dispute and not agreed upon between the parties, it is a "contested" divorce. And, a divorce can start out "Contested" but then the parties later agree to compromise, and then it becomes an "uncontested" divorce.
Joanna M. Mitchell / Mitchell & Associates, PA
Answered 15 years ago | Contributor
There really is no difference between accepting service or acknowledging service vs. being formally served by a process server or sheriff, except for the fact that one is formally served on you by someone who is authorized to do so. If you have already accepted service by signing an acknowledgement of receipt of the papers, then getting served by a process server will have no impact. You will still have 20 days to respond to the papers that you have acknowledged either agreeing to the terms or disagreeing (you still must file an Answer even if you have acknowledged receipt of the papers). What makes a divorce "contested" vs. "uncontested" is whether there are any issues in dispute regarding child support, visitation, division of assets and liabilities, etc. If all issues are agreed upon and there are no issues in dispute, then it is an "uncontested" divorce. If there is even one issue in dispute and not agreed upon between the parties, it is a "contested" divorce. And, a divorce can start out "Contested" but then the parties later agree to compromise, and then it becomes an "uncontested" divorce.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.