Do I need a Process Server?

In most Arizona family law cases you must prove to the court that the other party has been given their copy of the legal documents you filed. The faster you can have this proof filed with the court the better. Most family law cases must be completed within 120 days or the court will dismiss the case for "lack of prosecution".

With that being said typically most cases do not need to involve a process server if the other party is willing to sign that they received a copy of the legal documents. If the other party for example signs an "Acceptance of Service" then that can be used as proof of service. Discount Divorce provides the Acceptance of Service in all cases at no additional charge.

However, if the other party proves to be difficult or uncooperative then one alternative is have them severed by a process server.

What is Service of Process?

Service of Process is when court documents are delivered to the individual to whom the legal document is directed. Service of Process must be served by an individual who is not a party to the case. This may mean handing the documents to the defendant personally or sub-serving to someone in the same household. Once the documents are delivered, the process serving agent must provide proof that the papers were served. This is done through a document call an Affidavit of Service, also called a Proof of Service, which must be notarized in some cases and given to the party who requested service. In Arizona and most states, someone who performs service of process is required by law to be licensed.

Even if a process server does not need to be licensed in the state where you need service, you should keep in mind that a process server is someone who is experienced in serving legal documents efficiently. More importantly, professional process servers are knowledgeable of the legislation surrounding service of process in their state or county. There are several requirements and constraints associated with serving legal documents that vary from state to state, or county to county. If the service is not performed in accordance with the law, this can hinder your case from going forward or result in the dismissal of your case.

Discount Divorce has process servers in all 50 states and in 3,140 counties. We can serve your legal documents almost anywhere in the United States.

For more information visit DiscountDivorcePro.com

Common Misconception about Legal Separations

It is a common misconception that some people have that a legal separation is a shortcut to ending a marriage in Arizona. The practical truth is that legal separations can take just as much time, effort and resources as a divorce. That's because they involve pretty much identical issues as divorces --property division, debt division, child custody, visitation, child support, alimony, etc. Legal separations can end up going to a full-on trial, not to mention temporary evidentiary hearings prior to trial. Thus, if you're looking for a shortcut, a legal separation may not be the answer.

Furthermore, legal separations end with you still being officially married. Although everything has been divided up, you remain married, meaning that neither may legally remarry if that special someone comes along. In my experience with legal separations one party or both almost always later decide that they want a full divorce with more paperwork that must be submitted to the court to convert the legal separation to a divorce, resulting in more time and expense.

So, if you want to same time and money, and you know you’re headed for a divorce anyway, just start off filing for the divorce in the first place. If you honestly believe the marriage can be saved and you just need time apart, then a legal separation maybe the best course of action.

For more information vist Discount Divorce & Bankruptcy