Family Law

Are You Having Trouble Serving Your Divorce Application? Use a Process Server

2021 4 min read

Serving divorce applications can be complex, especially when the other party is uncooperative or hard to locate. Citiserve Pty Ltd explains how a professional process server can help.

Serving a divorce application on your former spouse can be one of the most stressful parts of the divorce process — particularly if they are uncooperative, have moved interstate, or are deliberately avoiding service. A professional process server can take this burden off your hands.

Requirements for Serving a Divorce Application

Under the Family Law Rules 2004, a divorce application must be personally served on the respondent at least 28 days before the hearing date (or 42 days if the respondent is overseas). Personal service means the documents must be physically handed to the respondent — you cannot serve them yourself.

Why Use a Process Server?

  • You cannot serve your own documents — the applicant is prohibited from personally serving the respondent
  • Proof of service — a process server will provide a sworn Affidavit of Service accepted by the Family Court
  • Experience with difficult respondents — our servers know how to handle uncooperative or evasive respondents
  • Skip tracing — if you don't know where the respondent is, we can locate them

What if the Respondent Cannot Be Located?

If the respondent cannot be located after reasonable attempts, you may apply to the court for substituted service or, in some cases, dispensation of service. Citiserve can provide evidence of the attempts made to assist your application.

Contact Citiserve

If you need to serve a divorce application anywhere in Australia, contact Citiserve Pty Ltd. We have agents in all capital cities and regional centres and can arrange service promptly.

NEED DOCUMENTS SERVED?

Contact us today for a fast, no-obligation quote. Australia-wide service — all capital cities and rural areas.