Serving Divorce Papers in Oregon

When helping a friend file for divorce recently, one of the most difficult parts of the process for her was serving divorce papers to her husband. Before we rushed to hand him the paperwork, we went down to the County Clerk's office to find out what options there are for serving divorce papers in Oregon. As it turns out, there are a few different ways to go about it.

Personal Service: Personal service can be confusing at first. When we asked the County Clerk about it, she explained that Personal Service does not mean that you are serving divorce papers to your spouse yourself.

Because you are a party to (named in) the divorce, you are not allowed by law to serve the divorce papers (petition) yourself. Instead, Personal Service means that you are having someone who is over the age of 18 serve the divorce petition to your spouse in person and your spouse has signed the acceptance of service form in their presence. This person can be a friend or relative who is comfortable enough to present your spouse with the divorce petition.

Substitute Service: Another option for serving divorce papers is what is known as "Substitute Service". This means that instead of serving paperwork directly to your spouse, you serve them to a person who is a member of their household, who is not named in the divorce petition and is over the age of 14. Serving divorce papers and receiving signature of a roommate or significant other at a time that you know your spouse will not be home is acceptable, and depending on your relationship with the person living with your spouse, may be less stressful than Personal Service.

Office Service: If the person you have selected to serve divorce papers to your spouse is more comfortable doing so at your spouse's office, they may do so. It is best to serve the papers to the businesses Human Resources department or your spouse's direct supervisor to make sure that it is properly delivered to your spouse, and if they are not available you are required to make sure it is served to a person who appears to be in charge during regular business hours.

Personal Service by Sheriff, or Hired Process Server: Divorces are often so stressful and filled with tension that there is no one you know who feels comfortable or safe with the responsibility of serving divorce papers to your spouse or someone in his/her household. In this case, an option is available to hire a Process Server (someone who is paid to serve legal documents) or ask your local Sheriff to serve the divorce petition to your spouse. In both cases, a fee is assessed for the service, but the fee is marginal and can sometimes be waived for low income families who need to serve divorce papers through a third party for safety reasons.

Certified Mail with Return Receipt Requested: One option that is not often recommended to people when filing a petition for divorce is service through Certified Mail. Although it is a low-cost option for serving divorce papers to your spouse without having to have a family member or friend personally serve them, quite often the mail is returned unopened; the Respondent (your spouse) fails to sign the card acknowledging receipt of the paperwork, or refuses receipt of the letter. Before serving your spouse with a divorce petition through Certified Mail with Return Receipt Requested, check with the County Clerks office and ask what forms are required for proof of service by this method.

Two other notes about using Certified Mail as the method of serving divorce papers to your spouse: 1) Always fill out the green Receipt Request card and attach it to your letter. This form requires your spouse or someone living at his residence to sign for the letter and is your proof that it was received. 2) Before mailing, make an extra copy of the completed divorce petition so that if the letter is lost or your spouse denies receiving it you have an extra form that you can serve using one of the other available methods.

Public Notice / Announcement: If you make multiple attempts to serve divorce papers to your spouse and all attempts fail, the court may allow you to do service through publication. This method must be approved by the court before you use it as it does not require your spouse to sign a form stating that he/she has received the notice. In the even the court allows you to use this service, they will direct you to the type of publication(s) acceptable for announcing service and the format that your announcement should be written in. You will be required to post the announcement in a public newspaper distributed in the place you believe your spouse resides for a set period of time and show proof of payment for the announcement before the court will accept it as an official method of service.

Although serving your spouse with divorce papers can be a nerve wracking and unsettling undertaking, it is an important step in the divorce process. Not only does it allow your spouse to be aware that you have filed a petition for divorce, but it also allows him or her to take the steps required to respond and help the divorce proceedings to move to the next step.

If you need more information on filing divorce in Oregon, go to www.oregon.gov or contact your local Family Law chapter directly for answers.

Source: Oregon Courts Oregon Judicial Department

This article is based on my experience with filing for divorce and serving your spouse with divorce papers in Washington County, Oregon. I am not a certified legal advisor and this article is not a substitute for a legal consultation with a certified divorce or legal attorney.