If you are going to file an initial pleading or other legal document with a court, you are going to need to consider a very important legal matter that many non family law lawyers often miss – the necessity of “service of process”.
In theory, service of process is simple concept. Basically, when a Petition for Dissolution of Marriage or other legal document is filed with the court, the other party must be served with all of the pleadings (legal documents) that were filed with the court. Essentially, the party who is submitting the pleadings – called “the Petitioner” – must have the correct documents drafted and then he or she must make sure they are given to the other side (be it a husband or a wife). Once the documents are “served” on the other side, then the lawsuit or “civil proceeding” may commence and proceed forward. However, if the proper formalities are not filed, then the lawsuit may be thrown out of court.
Talking with an experienced family law lawyers will ensure that you comply with the necessity of “service of process” if you are filing a Petition for Dissolution of Marriage, Paternity Petition, Guardianship Petition, Adoption, or other pleadings. The laws of service vary slightly depending on what type of civil proceeding you are filing with the court. The attorney will help you with this. However, the rules for service of process are usually set by state laws or rules. These rules are sometimes amended, but they often have very rigid standards that must be filed.
Again, having a proper family law lawyer is key. Failing to file service of process is a big deal in the legal world. Entire cases can be set aside. Time, money, and effort can be wasted if a judge determines that the other-side was not served properly. In essence, service of process is one of the key issues to getting into court and having the court adjudicate your case. It is a simple matter, but a very important matter.
Furthermore, than can be problems with people trying to miss or “skip” service of process. Imagine a husband or wife running away and not wanting to be served. This happens more often than many people know. Often, people who don’t want to be taken to court will simply ignore service of run away from it. Thus, a good family law lawyer will know alternative ways to serve process on a reluctant person. Using the sheriff is often a good way to achieve service when somebody does not want to be served.
This post was written by Joseph M. Flanders an Apple Valley MN lawyer.
