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Looking For A Skilled Agent Who Can Serve Divorce Papers?

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. 

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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.

To Hire A Professional Process Server – Call 0499 111 045

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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.

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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. 

To Hire A Professional Process Server – Call 0499 111 045

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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. 

12 Vital Facts About Process Serving – Call 0499 111 045

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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.

To Hire A Professional Process Server – Call 0499 111 045

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About the Author:

My name is Peter Wood, directory of Key Essentials Investigations. People often ask me why I became a Process Server and Private Investigator and what skills do I have to do the job. For me, the transition from my past careers and work experiences logically lead me to be a Private Investigator and Process Server in Brisbane. My working life began in Glen Innes, where I was employed as an electrical appliance salesperson. This role taught me people skills, communication skills and sales skills. I was also an axillary firefighter in Glen Innes, and this positioned me well with decision making and equipment management. I moved to Brisbane and joined the Queensland Ambulance Service. My ambulance career was vast. I worked on-road as a paramedic for many years, and my on-road paramedic work was instrumental in fine-tuning streetwise abilities, being super observant, adopting a high level of questing and gaining an acute level of observing people’s behaviours. From operational on-road duties, I moved into training paramedics and then onto several operational management roles. It was in these roles that I managed large numbers of workplace behaviour issues and patient complaints. As my career progress and I was promoted to a Director role, and my work was then about staff management, behaviour management, grievance investigations and performance management. So, as you can see, I spent an enormous amount of time reviewing, investigating and managing problems and issues. I spent ten years managing the operation centre at which employed 170 staff and in the last three years in the ambulance I set up a separate business unit for the non-urgent ambulance patient transport service. I have been fully engaged as an investigator and completed a large number of Corporate and Compulsory Third-Party factual investigations. So as one might see, I was well-positioned to transition my skill set into the Private Investigator and Process Serving world, and I ensure I always treat people with dignity and respect.
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