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If a case is already started and you are serving a motion, responsive motion, or answer: Generally the other party in your case can be served with motion or answer papers by: Regular first-class U.S. mail; or. Personal service. The person who serves these papers could be: Another adult; The sheriff; or. You.
In short, yes, you can get divorced without going to court in California if your case is uncontested. An uncontested case means that both parties agree on all significant issues, such as property division, custody, and child support.
Assuming you or your spouse have been living in Minnesota for at least 180 days, the first step is to file court forms. You must file and serve the court forms with the district court in the county where one of the spouses is living. The forms are called a Summons and Petition for Dissolution of Marriage.
The Order for Service by Alternate Means will give you permission to either serve your spouse by mailing the forms to their last known address or by publishing the Summons in a legal newspaper. Friend or Family (hand-delivered) Affidavit of Personal Service (DIV903).
The best way to serve papers is for their attorney to agree to accept service, or to mail them with a Notice and Acknowledgement of Service. If service becomes necessary, avoid doing it at work or in the presence of your children.
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