Model Law: A Blog About Legal Issues

Model Law: A Blog About Legal Issues

How To Interview Your Divorce Process Server

by Susanna Phillips

In Australia, the law does not allow you to serve divorce papers to your spouse yourself. As such, you need to hire a divorce paper server to deliver these papers to your spouse. Ideally, a process server can be anyone 18 years old or older. However, you are better off dealing with a professional process server. These individuals understand the law and have the resources required to locate your spouse. If you intend to hire a process server, read the information below. It details a few questions that you can use to interview the process server.

What Is Their Experience? 

Ideally, you should go for experienced divorce paper servers. Do not merely rely on the server's word. Instead, conduct some background research to ascertain their experience and accreditations. For example, you could check their social media pages and Google My Business listings to determine the quality of services that they provide. 

What Is Their Operating Area? 

Some process servers will work within your state, while others offer countrywide and international services. Therefore, it would be wise to know the location of your spouse before engaging the process server. It would also be wise to inquire whether the process server gives guarantees. For instance, some process servers will deliver the papers within 24 hours regardless of the respondent's location. 

What Happens If They Cannot Locate The Respondent? 

In some cases, the respondent will go into hiding. This happens when they do not want a divorce. If this is your case, you should work with a process server who goes the extra mile to trace the respondent. For instance, some process servers engage local police and private detectives when tracking a respondent who is in hiding. 

What Practices Do They Observe When Serving The Papers? 

The process server must operate within the law. Otherwise, they could land you in trouble with the authorities. The process server must identify themselves and leave the documents in the possession of your spouse. The process server will have to write an affidavit explaining how they served the papers. 

In severe circumstances, you could ask the court to allow you to use alternative methods of process servicing, such as email. However, you must prove that it has been difficult to trace your spouse to get the court to agree to this in most cases. 

When hiring a process server, inquire about their experience, operating area, tracking and serving practices. 


About Me

Model Law: A Blog About Legal Issues

Hello. I'm Mark and I am the manager of a successful modelling agency. It is my job to ensure that our models are well cared for and generate positive publicity for the agency. Sometimes that can be quite challenging and I spend a lot of time liaising with our legal team. From clients who refuse to honour contracts to models who are facing charges themselves, I am constantly dealing with legal issues. Over the years, I have become quite familiar with a range of laws and legal processes. My friends and family consider me to be a veritable fount of information when they have legal questions. I have decided to compose this blog in order to address the issues I most commonly deal with. Please browse at your leisure.