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SERVICE BY PROCESS SERVER


 

If Respondent will not sign a document saying that Respondent has received the divorce papers, a process server such as a constable or sheriff or a non-interested adult can serve the papers on Respondent.

You must give the process server a copy of the VERIFIED PETITION FOR DIVORCE and 2 copies of the SUMMONS. A Return of Service document must be signed and notarized by the process server (the sheriff, constable or other non-interested adult). You must then file this completed "Return of Service" with the court. If you choose this option, a SUMMONS and RETURN OF SERVICE will be printed for you.

There is a fee to use a constable or sheriff's officer. If you are low income and cannot pay, the fee can be waived in Utah. To request that the fee be waived you will file a MOTION, AFFIDAVIT FOR WAIVER OF COURT FEES, and ORDER ON WAIVER OF COURT FEES. Your judge must sign an ORDER ON WAIVER OF COURT FEES approving the waiver. You need to provide the sheriff or constable serving your papers with the order waiving the fees.

The fee for service outside of Utah cannot be waived.


Page Last Modified: 7/7/2015
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