In a divorce action, the person seeking the divorce (petitioner) will have a Summons and Petition for Dissolution of Marriage prepared, usually by an attorney. This must be served on the respondent personally. Substitute service is not permitted.
If the petitioner requests the Sheriff's Office to serve this process, the original Summons and a copy of the Summons and Petition for service should be presented to the Sheriff's Office.
Following service, the Sheriff's Office will return the original and an Affidavit of Service to the petitioner, who must file the documents with the Court Administrator.
The Sheriff's Office does charge for this service.
Divorce Actions - Property Dispute
Often in divorce actions a judge will award property to one of the parties, but the other party will not release the property. The Sheriff's Office cannot force one person to turn property over to another.
It would be prudent to consult an attorney in this situation.
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