Missouri Family Law Blog

Being served is rarely a pleasant experience, but service is necessary to obtain a divorce.  To begin a divorce proceeding, one party must file a Petition for Dissolution of Marriage. The Petition must be served upon the other spouse to let him or her know that a divorce action has been initiated, and the service must be done correctly. The court will not proceed with the divorce until it is sure that the other party received proper service.

One method is to have the Petition served to the other spouse at home or work by Sheriff. Another common way to obtain service is by having the other party sign a Waiver of Service and Entry of Appearance form. This document allows the spouse to acknowledge that the Petition has been received without the necessity for service by Sheriff.

Once service is obtained, the clock starts ticking on your time limit to respond to the Petition. It is important to have an attorney look over the Petition to advice you on how to respond properly. If you are unable to afford an attorney, you should contact legal aid to see if you qualify for free legal services.  The number for Mid Missouri Legal Aid is 1-800-568-4931. If neither of the above options work for you, you can visit the Missouri Self Represent Website to obtain information about the legal process and the actions you need to take to represent yourself.

It is never advisable to ignore a divorce petition. If you fail to respond to the Petition and the thirty days pass, the Court may enter a default judgment against you. This means if you spouse has not accurately advised the Court of your income and financial situation, you may be stuck with a hefty child support obligation or even an obligation to pay maintenance to your spouse indefinitely.

If you have been served with divorce papers and do not know what to do next, contact Knight & Salladay for additional help.