DIY Divorce Notice of Assignment?


#1

I have all the documents I need to file for divorce. I have Verification, Summons, Judgement. My question is about the Notice of Assignment. I have given my spouse all the copies so Do I need to this? If I do, it looks like the Certified mail option would be best. If that is the case, do I certify mail all the documents, wait for return receipt, get the document filed and then file?


#2

I do not know what a notice of assignment is, unless it is a Judicial assignment which are not usually done in absolute divorce cases.

You must serve the complaint on your spouse either via sheriff or certified mail, hand delivery is not sufficient to gain jurisdiction.

Once you receive the return receipt you can include a copy of the same in the court file for proof of service.


#3

I should have said, affidavit of service by certified mail. From your response it sounds like this is needed. Once I have the return receipt, then can I go forward with filing for divorce?


#4

Ok, yes. The affidavit of service by mail should be included in the file along with a copy of the green card.

To clarify, the first step is to file the divorce complaint, you will then serve it on your spouse via Certified Mail, return receipt, file and serve the affidavit of service (every item you submit to the file should be sent to the opposing party, via regular U.S. Mail). You will then wait 30 days before contacting the clerk for a hearing date.