What Constitutes Proper Service In A Kentucky Divorce Action

Service of Process

What is Service of Process?

In Georgia, "Process" consists of the summons and the complaint. Both documents must be served on the defendant in gild to initiate a divorce action. The thought behind service of process is to give the accused (the person not filing suit) discover of any lawsuit against him/her. You cannot bring a divorce action unless your spouse has proper notice through service of process. Service of process may be accomplished in the traditntal manner past a process server or it may be done past acknowledgment which is cheaper and a scrap easier.

How may the Defendant be served?

Process must be served personally upon the defendant. In order to be valid, personal service upon a defendant must be made by 1) delivering a copy of the summons fastened to a copy of the complaint to the defendant personally, or 2) by leaving copies at his or her home house or usual identify of abode with some person of suitable age and discretion residing therein, fifty-fifty though discover of such is not received by the defendant. Nonetheless, for service made outside the state upon a Georgia resident, the service must be in person to the person served.

Georgia Civil Practise Act O.C.G.A § ix-11-4

If the defendant is a resident of Georgia

If the defendant is a nonresident but found sojourning within the state, he may be personally served with process […]. Generally, all the same, a nonresident is allowed from service 1) while in attendance upon a court where he is a suitor or witness or two) in going to or returning from the court; but this general rule would non employ if the person is in the land for some other purposes, or if the proceeding is not a "new" action.

Georgia Civil Exercise Act O.C.G.A § 9-11-iv

If the defendant is non a resident of Georgia

Acknowledgement of Service

Service of procedure may too be accomplished via what is known as "Acknowledgement." Acknowledgement of service may be accomplished by having the defendant sign a written acknowledgement, in the presence of a notary, that he or she has received a re-create of the complaint and that he or she waives all other and further service, including further service of summons. If you and your spouse agree on getting a divorce, this pick is typically cheaper and easier than hiring a process server to complete service formally.