Service required for waiver of notice?
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Service required for waiver of notice?
Does my spouse HAVE to be served summons
and complaint for divorce by the
Sheriff’s department prior to signing
the acceptance/waiver of service of
process and notice? Or can I just give
him a copy of the complaint for divorce
myself and have him sign the waiver with
someone else who can bring it back to
me?
Asked on January 26, 2018 under Family Law, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
YOU CAN NOT SERVE LEGAL PAPERS IN YOUR OWN CASE. EVER. If you are doing this pro se then have the Sheriff serve them and have your spouse accept them and waive answering in an affidavit and proceed uncontested. Good luck.
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