Hello and welcome
My name is Peter Wood, a Licensed private investigator and Director of Key Essentials Investigations. My past life experiences have positioned me to comfortably and wisely serve the community, individuals, and law firms as a field agent and process server of legal papers.
1. Why Hire Professional Process Server For Divorce Papers?
As a Private Investigator, with decades of experience dealing with conflict and workplace situations, I am skilled and experienced in locating, approaching, and undertaking these sensitive tasks. Upon accepting a Divorce Serving tasks, I am acutely aware that clients may be in a vulnerable and emotional situation and will want the process to be professionally managed and actioned quickly.
Removing any stress and pressure and get the job done quickly is the priority.
2. Who Can Serve Divorce Papers?
As we can all appreciate when dealing with a divorce, how incredibly stressful and challenging it can be, that creates anxieties for all involved. It has been my experience that the clients that are using the Divorce Service Kit are aware that they cannot serve the divorce documents themselves, and they must have a person over 18 years of age to serve the documents on their spouse.
They are normally aware that a server can be a family member or friend. However, more often, they will engage a professional process server to undertake the serve.
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3. What Process Is Undertaken When Serving Divorce Papers?
When undertaking a task of serving divorce papers, my client is advised when:
- I am proceeding to the residence of the respondent
- Immediately after leaving the residence and advised of the outcome and if the Divorce Papers have been successfully served.
When the supporting documents have been completed, I again contact my client and email a PDF copy of the documents for their records. I always try to obtain a signature from the respondent during the serving process, on the Acknowledgement of Service form. Following this, the Affidavit of Service is completed at no cost to my client.Top Of Page
4. Making Sure The Respondent Is The Person Being Served?
When serving a respondent, it is vital to correctly identify the person is the actual Respondent, so the Court knows that the documents have been given to the right person. If I don’t know the respondent, then I will identify him/her by:
- A photograph of the respondent. I will always ask for a photograph of the respondent for this reason.
- I will ask questions eg: Are you Name Name – and Are you the husband/wife of Name Name?
- At times the person that answers the door will confirm the correctness of the respondent before he/she arrives at the door.
After confirming this is the correct person and advising them of the reason for the visit, if the respondent accepts the documents, I will try and obtain a signature on the Acknowledgment of Service (Divorce) document.
In the event the respondent was not at the given location I again immediately advise my client and seek further information or instructions to pursue a successful serving.
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5. How Many Attempts Are Made To Serve Divorce Papers?
In the event, the respondent was not at home, and I have been unable to obtain any information on the whereabouts of the respondent at that location, I will make some enquiries with neighbours to try and identify if the respondent still lives at that address or any other information that will assist pinpoint a time when they are normally at home. I will attend the nominated address three times in total to try and obtain a successful service. If the service has still not been made, I will again contact my client to discuss further options.Top Of Page
6. What If The Respondent Refuses To Accept Divorce Papers
If the respondent refuses to accept the documents after outlining what they are for, I have at times put them down in the presence of the respondent. I will tell them “your spouse is applying for a divorce and I am serving you with the divorce application”. They will also be notified of the date and time and hearing location.
If the respondent does not sign the acknowledgment of service, the Affidavit of Service will be completed by hand and tick the appropriate box at Part B adding a note, if required, of the circumstances.Top Of Page
7. What Documents Do You Need For a Process Server To Serve Divorce Papers?
Clients will be asked to send the following Divorce documents.
- Copy of the Application for Divorce
- Any other documents filed with the Federal Circuit Court relating to their Divorce Application, (except any passport/citizenship/marriage certificates/reduction of fees form/concession cards filed)
After the serving, there will be a completed Affidavit of Service by Hand (Divorce) which includes any information or documents as attachments to the Affidavit of Service by Hand (Divorce) which helped identify the respondent.
My signature on the Affidavit of Service by Hand (Divorce) is then witnessed by a person who is authorised to witness affidavits, for example, a lawyer or Justice of the Peace.
If the respondent signs the Acknowledgment of Service (Divorce), this will be attached to the Affidavit of Service by Hand (Divorce). My Justice of the Peace will complete the annexure note at the bottom of the Acknowledgment of Service (Divorce).
I ensure that I advise my client they need to complete and sign an Affidavit Proving Signature (Divorce) document. If their spouse has signed the Acknowledgment of Service (Divorce) document, this is done to establish they recognise their spouse’s signature.
The signature of the client on the Affidavit Proving Signature (Divorce) document also needs to be witnessed by a lawyer or Justice of the Peace.Top Of Page
8. How Long After Serving Divorce Papers?
The originals will then be posted to the client using normal post or express post at their request, or delivered to their office or location if requested.
It is worth remembering, and I always remind my clients if the server does not know the respondent, the applicant must complete the Affidavit Proving Signature and attach a photocopy of the Acknowledgement of Service.
If the respondent’s lawyer is served and the Acknowledgement of Service is signed, there is no requirement to complete the Affidavit of Service by hand. Only the Acknowledgment of Service is needed and then uploaded.
When dealing with my client and whilst undertaking the actual service, I always maintain a professional, considerate, and respectful approach. It has been my experience that most respondents understand that the Process Server is a neutral third party in their conflict or issue, and their role is to provide them with the information regarding the issue at hand.Top Of Page