The affidavit is signed by the person completing the service stating that he or she provided the papers to the other party. Personal service may be avoided if your spouse is willing to admit service. Service can be admitted by having the non-filing spouse sign before a notary a document that admits they received a copy of the Summons and Petition. To qualify, you must demonstrate to the Court that you have tried to locate the other party without success and that you seek to serve them by publication. If the Court agrees to allow substitute service, a short notice may be published in a legal newspaper in the county where the other party was last known to reside.
Service is complete after the notice has run for three consecutive weeks.
The original Summons, Petition and an affidavit of service must be filed with the Court with an appropriate filing fee top commence the matter in the Court system. I f a person who has lived with another person and believes, in the good faith, that they are married, that person is considered a putative spouse until knowledge of the fact that the person is not legally married terminates that status. Any putative spouse has the same rights and obligations as if they had been married until the person obtains knowledge that they are not legally married. These rights may even include the right to spousal maintenance. A couple qualifying under all of these criteria may obtain a divorce decree easily by filing a sworn joint declaration with the signature of both parties notarized.