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

Process Serving in Mexico: Do it Right the First Time

A default order entered against a Mexican father in his ex-wife's action under the Hague Convention on child abduction for the return of their child to Texas is void, where she did not effect proper service of process on him in Mexico. Finding that the mother was required to serve the father in accordance with the Hague Convention on Service of Process Abroad, the court determined that she had failed to serve him either through Mexico's Central Authority or in compliance with the internal law of Mexico regarding service of documents from abroad, as mandated by the Service Convention.

The father filed a special appearance, contending that the order was void because the mother had failed to show proper service of process on him. She acknowledged that he was not served through Mexico's Central Authority, as required by The Hague Service Convention, but argued that he had been served in accordance with the internal laws of Mexico, which allow for service on a party's designated agent.

The Judge held that for the mother to establish that service on the father complied with Article 19 (of the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents), she was required to show that the service she employed complied with the internal law of Mexico providing for service of documents coming from abroad.


In re J.P.L. Texas Court of Appeals Case Number: No. 04-10-00646-CV Date Filed: 11/23/11

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