I recently sent the service packet to my spouse certified mail/return receipt requested. Delivery was attempted this past Saturday, but it seems no one was there to sign for the letter and only a notice was left. It’s been 5-days, and my spouse still hasn’t picked up the letter so i haven’t been able to confirm delivery. If he doesn’t pick up the letter at the post office (and doesn’t request redelivery) do i have to wait the full 15-days for the original to be returned to me before i can attempt service in another way? Am i correct, that the 30-day wait period begins after he has been served and I have confirmation?
No, you may attempt service by sheriff now if you wish. The 30 day waiting period does not begin until your spouse is served.
I suspect he is intentionally not picking up the mail in an attempt to further delay the process. If I take the paperwork and either give it directly to him, or to his parents (with whom he currently lives) instead of using the sheriff - is it sufficient for me to file and affidavit of service or would it be up to him to file something acknowledging receipt?
No, he must be served via certified mail of sheriff’s service. A party cannot properly effectuate service by delivering the documents to the defendant personally.
Thats what i needed to know. Thanks so much.
You are very welcome.
I have served paper and my husband wants to speed up the process what can we do to not have to wait the 30 days. We both dont want to wait
He may file an answer and waiver of time to further respond. You may then proceed with getting a hearing date.