Deciding whether to waive service of summons in your Maryland divorce proceeding can be a bit complicated. There are a number of good reasons to waive service of summons including some cost savings. On the other hand, there are good reasons to insist that all the proper legal procedures be followed as required by the law. In the article below, the divorce lawyers at the Law Office of Robert Castro provide a brief explanation of what “service of process” means, how it can be waived and some thoughts on whether you should waive service of summons. We are a Child Custody Law Firm in St. Mary’s County, Maryland with offices in Waldorf, MD. Call us at (301) 870-1200.

What is “service of process” in Maryland divorce proceedings?

In Maryland, anytime a lawsuit is filed, there must be “service of process.” This is true for any civil case, not just divorce cases. Service of process is a legal term that means that the target of the lawsuit — called the defendant or the respondent — must be officially notified of the lawsuit and given a copy of the court papers that have been filed. In most jurisdictions in the U.S., service of process means hand-delivery of the original court papers by a County Sheriff Deputy or a similar law enforcement officer. If the Sheriff’s Deputy has been unable to accomplish hand-delivery, then, often, a private individual — called a “process server” — will be authorized by the court to make hand-delivery.

In a divorce, the initiating court papers are the Petition For Dissolution of Marriage along with a summons and other papers. The Petition and the summons are the key documents that must be hand-delivered to the responding spouse. One spouse must always initiate the divorce and the other must respond even if the couple is in agreement about seeking a divorce.

After the responding spouse has been served with the Petition and summons, then he or she has 28 days (or so) to file papers at the courthouse that complete the process of starting a divorce proceeding.

Waiving service of process in a Maryland divorce

Service of process is required by U.S. constitutional and statutory law. Notice of the lawsuit and having a copy of the initiating court papers is considered essential to due process and is required for the court to have power over the parties in the case. Without proper and legally valid service of process, the court cannot issue judgments or orders that are binding on the defendant/respondent. So, as a person initiating a divorce proceeding, you want proper service of process. Otherwise, the court will have no power over the other spouse.

That being said, the specific procedure of having a Deputy Sheriff or a private process server hand-deliver the court papers is not required. In any type of civil case, an individual (or a business) can agree to accept the court papers via mail or through some other delivery method. That person (or business) would then complete a form called “Waiver of Service of Process” which would be filed with the clerk of court. This is the commonly used procedure in federal courts here in the U.S.

Should I waive service of process in my Maryland divorce case?

In many cases, the answer is “yes.” The main advantages are cost savings, avoidance of hassle, and time savings. It costs money to have the court papers delivered and that cost can be saved by agreeing to waive service of process. It is also somewhat of a hassle to have the Deputy Sheriff or other person show up and interrupt your day. Waiving service of process avoids that. Further, waiving service of process can speed up the process by at least a couple of weeks. in any divorce where the couple is in general agreement, service should be waived. After all, if the couple is in general agreement, then there is no reason to waste money and time.

On the other hand, if the divorce is contested, then it is certainly reasonable to insist that all of the court procedures be properly and validly completed. There are other circumstances, too, where service should not be waived. One example is when you think that the divorce should proceed in a different State or in a different country.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.