What is a simple divorce by summons?

This is the process required when your ex won’t cooperate with the divorce process or he/she is incarcerated. After the forms are completed, notarized and e-filed we submit the case to the local sheriff to get your ex served the divorce documents.

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There will be hearings that you will be required to attend.

You will need to know his/her home address or the address of his workplace.

Steps for a Divore by Summons

Step 1

Prepare your divorce forms

Step 2

Sign your divorce documents in front of a notary

Step 3

File your divorce papers in the courthouse

Step 4

Hire the sheriff or process server in the county your ex lives and get him/her served. Your ex will have 20 calendar days to respond in writing to the court and send you a copy of the response.

Step 5

If your ex did not answer then a default and motion for default is filed. You will need to contact the court to find out what else you may need to do to schedule a hearing (we are not attorneys and cannot contact the court on your behalf). If there is something else that needs to be filed contact our office and we will prepare it for you and help you file once you sign it.

How to Save Money

There are different ways to save money when filing for a divorce by summons.

Here is a list of some of them:

  • If you are low income – we can help you apply for the Application for Indigent Status. If approved this will have the court filing fee waived and the sheriff fee waived as well.
  • You can take the documents to your bank for the notarizations (free), check with them.

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Frequently Asked Questions?

What if the sheriff cannot serve my spouse?

If this is the case as he/she does not answer the dooor; then your divorce can be done by publication. We will make the switch free of charge.

For more information on a simple divorce by publication