Divorce / Legal Separation:
Serving Papers to Your Spouse/Other Parent/Other Party
How can I serve my spouse with divorce / legal separation papers?
If you are not filing “jointly”, your spouse must be personally served. This means that a person must hand the papers directly to your spouse. You can have your spouse personally served in one of four ways:
We recommend using the Sheriff’s Office or a private process serve because they are the most reliable options. The other options, even if done 100% correctly, carry a risk that a judge or court commissioner may determine that your service was not proper. If service is not proper, your case will not be heard at your court date and you may have to start the entire process over from the beginning.
Am I required to have to get my spouse served?
It depends on how you filed the initial paperwork.
YES, if you filed “separately.” You must have your spouse served within 90 days of you filing the Summons and the Petition. If you do not have your spouse served within this timeline, you will not be able to complete your divorce / legal separation and the case will be dismissed.
NO, if you filed “jointly.” You do not need to have your spouse served because you both were “Joint Petitioners” and filed together.
How long do I have to get my spouse served?
Your spouse must be served with the papers within 90 days of you filing the Summons & Petition.
If you are getting close to your 90-day deadline, you may ask for an Extension for Time to Serve your spouse. You would complete the form and turn it into the judge stamped on your Summons.
What if we still live together? Do I still need to have my spouse served?
It depends on the filing process that you chose.
YES, if you filed “separately” You must have your spouse served within 90 days of you filing the Summons and the Petition even if you are still living together. If you do not have your spouse served within this timeline, you will not be able to complete your divorce / legal separation and the case will be dismissed.
NO, if you filed “jointly.” You do not need to have your spouse served because you both were “Joint Petitioners” and filed together.
What if I do not know where my spouse lives?
If you do not know where your spouse lives and you have no way to contact them, you must try to have them served at the last address they had, even if that was your own address or you know they do not live at that anymore. The Sheriff’s Office or a private process server will go to the address, not find your spouse there, and then send you an “Affidavit of Non-Service.”
Once you receive an “Affidavit of Non-Service”, you must complete the process to serve your spouse by Publication. This has an additional cost which is not able to be waived through a fee waiver.
Service by Publication takes additional time, but you must still complete the process within 90 days of you filing the Summons and Petition.
*Please note: if you or your children have contact with your spouse, or you know where your spouse lives, service by Publication is NOT APPROPRIATE and will not be accepted by the court.
Can I just hand the papers to my spouse by myself?
This is not recommended and may not be proper service. The other party must complete an Admission of Service, sign it, and give it back to you to turn in to the court. Additionally, some judges and court commissioners are distrustful of the Admission of Service and may not accept it as proper service if your spouse does not attend the hearing. If the judge or court commissioner does not accept the Admission of Service, your case will not be heard at your court date and you may have to start the entire process over from the beginning.
What if my spouse lives outside of Milwaukee County?
You can use the Sheriff’s Office or a private process server in the county where your spouse lives. This Out of Milwaukee County Service Guide can be helpful in talking with another Sheriff’s Office or private process server.
What happens once my spouse has been served?
You will receive an Affidavit of Service in the mail (from the Sheriff’s Office or a private process server). Keep that document and bring it to your court date.
I am responding to a divorce that my spouse filed. Do I have to have my spouse served with the Response and Counterclaim?
Yes. You should have your spouse personally served with the Response and Counterclaim if you are also requesting a temporary order by filing an Order to Show Cause and Affidavit for Temporary Order. This means that a person must hand the papers directly to your spouse. You can have your spouse personally served in one of four ways:
We recommend using the Sheriff’s Office or a private process serve because they are the most reliable options. The other options, even if done 100% correctly, carry a risk that a judge or court commissioner may determine your service was not proper. If service is not proper, your case will not be heard at your court date and you may have to start the entire process over from the beginning.
If you are not requesting a temporary order, you may have your spouse served by mail. At the post office, you may mail a copy to your spouse and your spouse’s attorney (if applicable) by Certified Mail, Return Receipt Requested. Keep your receipt and bring it to your court date.
If you are not filing “jointly”, your spouse must be personally served. This means that a person must hand the papers directly to your spouse. You can have your spouse personally served in one of four ways:
- through the Sheriff’s Office in the county where your spouse lives;
- through a private process server in the location where your spouse lives;
- through a third-party Affidavit of Service; or
- through an Admission of Service.
We recommend using the Sheriff’s Office or a private process serve because they are the most reliable options. The other options, even if done 100% correctly, carry a risk that a judge or court commissioner may determine that your service was not proper. If service is not proper, your case will not be heard at your court date and you may have to start the entire process over from the beginning.
Am I required to have to get my spouse served?
It depends on how you filed the initial paperwork.
YES, if you filed “separately.” You must have your spouse served within 90 days of you filing the Summons and the Petition. If you do not have your spouse served within this timeline, you will not be able to complete your divorce / legal separation and the case will be dismissed.
NO, if you filed “jointly.” You do not need to have your spouse served because you both were “Joint Petitioners” and filed together.
How long do I have to get my spouse served?
Your spouse must be served with the papers within 90 days of you filing the Summons & Petition.
If you are getting close to your 90-day deadline, you may ask for an Extension for Time to Serve your spouse. You would complete the form and turn it into the judge stamped on your Summons.
What if we still live together? Do I still need to have my spouse served?
It depends on the filing process that you chose.
YES, if you filed “separately” You must have your spouse served within 90 days of you filing the Summons and the Petition even if you are still living together. If you do not have your spouse served within this timeline, you will not be able to complete your divorce / legal separation and the case will be dismissed.
NO, if you filed “jointly.” You do not need to have your spouse served because you both were “Joint Petitioners” and filed together.
What if I do not know where my spouse lives?
If you do not know where your spouse lives and you have no way to contact them, you must try to have them served at the last address they had, even if that was your own address or you know they do not live at that anymore. The Sheriff’s Office or a private process server will go to the address, not find your spouse there, and then send you an “Affidavit of Non-Service.”
Once you receive an “Affidavit of Non-Service”, you must complete the process to serve your spouse by Publication. This has an additional cost which is not able to be waived through a fee waiver.
Service by Publication takes additional time, but you must still complete the process within 90 days of you filing the Summons and Petition.
*Please note: if you or your children have contact with your spouse, or you know where your spouse lives, service by Publication is NOT APPROPRIATE and will not be accepted by the court.
Can I just hand the papers to my spouse by myself?
This is not recommended and may not be proper service. The other party must complete an Admission of Service, sign it, and give it back to you to turn in to the court. Additionally, some judges and court commissioners are distrustful of the Admission of Service and may not accept it as proper service if your spouse does not attend the hearing. If the judge or court commissioner does not accept the Admission of Service, your case will not be heard at your court date and you may have to start the entire process over from the beginning.
What if my spouse lives outside of Milwaukee County?
You can use the Sheriff’s Office or a private process server in the county where your spouse lives. This Out of Milwaukee County Service Guide can be helpful in talking with another Sheriff’s Office or private process server.
What happens once my spouse has been served?
You will receive an Affidavit of Service in the mail (from the Sheriff’s Office or a private process server). Keep that document and bring it to your court date.
I am responding to a divorce that my spouse filed. Do I have to have my spouse served with the Response and Counterclaim?
Yes. You should have your spouse personally served with the Response and Counterclaim if you are also requesting a temporary order by filing an Order to Show Cause and Affidavit for Temporary Order. This means that a person must hand the papers directly to your spouse. You can have your spouse personally served in one of four ways:
- through the Sheriff’s Office in the county where your spouse lives;
- through a private process server in the location where your spouse lives;
- through a third-party Affidavit of Service; or
- through an Admission of Service.
We recommend using the Sheriff’s Office or a private process serve because they are the most reliable options. The other options, even if done 100% correctly, carry a risk that a judge or court commissioner may determine your service was not proper. If service is not proper, your case will not be heard at your court date and you may have to start the entire process over from the beginning.
If you are not requesting a temporary order, you may have your spouse served by mail. At the post office, you may mail a copy to your spouse and your spouse’s attorney (if applicable) by Certified Mail, Return Receipt Requested. Keep your receipt and bring it to your court date.