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NSW Does Professional Server for Divorce Need Other Party's Signature?

Discussion in 'Family Law Forum' started by Mia123, 16 June 2016.

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  1. Mia123

    Mia123 Active Member

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    Just random.

    When you hire a professional document server for divorce papers and they serve the other party, is the server meant to get a signature off the person been served? Or is that why you supply a photo of the person being served and they confirm that way and by name?

    Many thanks
     
  2. AllForHer

    AllForHer Well-Known Member

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    They don't need a signature, they just need to be satisfied that the person they're serving is the person that needs to be served, which will enable them to file an affidavit of service with confidence.
     
  3. Tim W

    Tim W Lawyer

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    Your estranged husband is denying having been served?
    And the Process Server is saying "Well, yes, I did" ?
     
  4. Mia.Keen

    Mia.Keen Member

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    Thanks soooo much for your response.

    No, he's just having a hard time understanding that as I filed a sole application for divorce that he doesn't have to sign anything unless he objects to something. Someone told him he was meant to sign something when the professional document server came so he's trying to say I haven't followed the correct processes in filing for divorce due to the document server not getting his signature.
     
  5. AllForHer

    AllForHer Well-Known Member

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    If the Court is satisfied that he has received the application, that's really the long and short of it. If it's not satisfied, then at best, it might result in an adjournment until it can be satisfied, but it certainly won't result in the Court forcing you to remain married against your will indefinitely.
     

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