Admission of Personal Service

When filing for divorce in Wisconsin, the initial papers must be  personally served  on the other spouse within 90 days of the filing date. You cannot do it as a party to the case, but an adult can serve the papers on your spouse. It is usually better to have the sheriff of the county where you are residing serve the papers or a private process server, because they will need to complete a sworn affidavit that your spouse was served, which proof of service then ultimately gets filed with the court.  Under Wisconsin law, the initial summons and petition are required to be personally served within 90 days of the filing date. If you have requested an initial first hearing, since those hearings are routinely scheduled in the first 30 days or so of filing, you will have to expedite personal service as the OTSC first hearing papers must be served at least 7 days before the time fixed for the initial hearing. You don’t have the luxury of waiting 90 days to serve anymore where a first hearing has been scheduled on the divorce case.

What is the option to personal service?  You can prepare an admission of service and have your spouse sign a legal document, acknowledging receipt of all the initial divorce papers. This document when completed, would also be filed with the court. By signing the admission form, your spouse is not admitting to anything that is stated in the divorce papers or admitting that they want a divorce. They are simply acknowledging receipt so that a process server doesn’t have to personally serve them with the papers at their workplace or at home.

Once the person signs and returns the admission of personal service, that form must be filed with the court clerk, so there is proof of service over the respondent. Whether personally served or admitting personal service, it has the same legal effect. It triggers the statutory 120 day waiting period in Wisconsin, and once served, paves the way for the petitioner to obtain a divorce down the road and after the expiration of 120 days.

If you have questions about starting a divorce or how to get the papers to your spouse, contact one of our experienced family lawyers at Karp & Iancu. today, for a 100% confidential, initial meeting.