How to Serve Divorce Papers

Entry of Appearance and Waiver of Service

First and foremost, if the defendant is willing to sign a waiver accepting service, legal service doesn't not have to be made upon the defendant. By signing and Entry of Appearance and Waiver of service, the defendant acknowledges receipt of the divorce petition without having to be legally served by a sheriff or by a process server. Also, by signing this document, it allows the plaintiff to finalize the divorce without the defendant having to appear in court. By signing this document it allows the plaintiff to finalize the divorce promptly: especially in cases where there are minor children involved.

In cases where the defendant refuses to sign a waiver accepting service, there are three ways that you can serve divorce papers in Oklahoma...

1. Personal service: This is the preferred method and involves having a process server or sheriff hand-deliver the divorce papers to your spouse. The process server will then file an affidavit with the court, stating the date, time, and location of service. This is the most reliable way to ensure your spouse receives the papers.

2.Service by certified mail, return receipt requested: You can mail the divorce papers to your spouse by certified mail, return receipt requested. This method provides a record that the papers were sent and delivered to your spouse. If your spouse signs the return receipt, it serves as proof of service. If they refuse to sign, the mail carrier will leave a notice of attempted delivery. You'll need to file an affidavit with the court detailing these attempts.

3.Service by publication: If you cannot locate your spouse or personal or certified mail service is unsuccessful, you can serve them with divorce papers by publication. This involves publishing a legal notice in a newspaper in the county where your spouse last lived. The notice will contain information about your divorce case and instruct your spouse to respond within a specific time frame.