How do I serve a divorce complaint on my spouse?

Service is the form of delivery of a document required by pertinent legal rules. There are various ways you can serve the summons and complaint. The defendant typically has 30 days from the date of service of summons and complaint upon him or her to file answer or other responsive pleading.

A defendant can also move for an additional 30-day extension of time. In cases where service has been by publication, described in the next chapter, defendant has 40 days to file an answer. It commonly happens, however, that defendants in divorce actions file no answer. In such a case, you just wait out the waiting period for calendaring the case for hearing (or, if your spouse will agree, you get him or her to file a paper waiving the waiting period). At the expiration of the applicable waiting period, the case may be calendared for hearing.

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