When you file for divorce, you have to let your spouse know through the official court process. It’s not enough to tell them, email them or even write them a letter about your plans. Instead, you must notify them with official court documents. This is what it means to have them "served."
Request for Service form
When you file for divorce, there will be a lot of forms for you to fill out. Among the forms is one called "Request for Service."If you use one of the Divorce Form Assistants on this website, the Request for Service form will be included. You can also use theform on this page.
You are responsible for:
- Filling out a form letting the Clerk of Court know exactly how you want to have your spouse served
- Following up with the Clerk to see if service was successful or not
Most people choose "Service by Clerk"
In Montgomery County, the preferred method of service is "Service by Clerk," which means the Clerk of Courts will send the paperwork to your spouse via FedEx. On the Request for Service form, this option is called “Service by Clerk, Return Receipt Requested.”
The Clerk of Courts’ office will send you a postcard if service was successful. If you don’t get a postcard or don’t hear from the Clerk, you will need to contact the Clerk’s office to ask if service was successful.
Follow up with the Clerk
In about 2 weeks, call the Clerk’s office and give them your case number. Ask if your spouse has been served. If they were, plan on attending your hearing as scheduled. If they weren’t, it could be that you have the wrong address. It could also be that service was refused.
If service was not successful, you will need to go back to the Clerk of Courts with a new Request for Service form. On that form, check “Other” and select “Certified mail, return receipt requested.”
If the mail is returned as “Addressee Unknown” or “Insufficient Address,” find out what address your spouse is using. Use every resource that you can, including Google and social media. Then you’ll need to file a new "Request for Service" form and request service to the new address. On the Request for Service form, check “Other” and specify “Certified mail, return receipt requested.”
If service is refused or unclaimed, you’ll have to go to the Clerk’s office again and fill out another "Request for Service" form. This time, request service by regular mail instead of certified mail.
Wait another 2 weeks. Then call the Clerk and make sure the papers were sent out. If they were, you don’t need to do anything else except prepare for your hearing.If they weren’t, ask the Clerk why and request that they send it again.
Other options for service
You can also ask the Court to have the sheriff serve your spouse. In Montgomery County, there is no upfront charge for this, but you could be charged later. Also, if your spouse lives outside Montgomery County, you will be responsible for contacting the other county’s sheriff to figure out how much it would cost them to serve your spouse. This can be a useful option if your spouse is abusive.
What if you don't know your spouse's address and can't find it by searching online, talking to relatives or any other way? It's possible to do something called "Service by Publication," but this can be expensive and can make it more complicated for you to get a divorce. Consider getting advice from a lawyer if this option seems necessary.
Service by publication
If you can’t find your spouse’s address, you may be able to serve them by “publishing” information about your case.
Service by publication costs about $200.
You can find the specific rules for requesting service by publication in the Local Rules of Court (Rule 4.12).
Service by publication may be an option if:
- You don’t know your spouse’s address.
- Your case is in the Domestic Relations Court.
- You have had trouble serving your spouse.
- You have taken reasonable steps to find your spouse’s address but still can’t find it.
To ask for service by publication, file a request with the Clerk of Courts:
- Fill out the Request for Service form. Check the box for “Defendant/Petitioner” and then check “Other” and write “Service by publication, address correction requested.”
- Include an affidavit. You need to give the Court a sworn statement saying you don’t know your spouse’s address and you haven’t been able to find it, even though you have tried. You can use the form on this page to create your affidavit.
In your affidavit for service by publication, include:
- A statement that you can’t serve your spouse because their address is unknown. The Court’s rules require that you include the following language: “Service of summons cannot be made because the residence of the defendant is unknown to the affiant.” By making this statement you are swearing to the Court that you can’t get service because you don’t know your spouse’s address.
- Everything you did to try to find the address. Show the Court that you have taken reasonable steps to try to find your spouse’s address. You can use the following language: “The efforts made to ascertain the residence of the defendant are:” Then list all the steps you have taken to try to find it.
- A statement that the address can’t be found. The Court’s rules suggest using the following language: “The residence of the defendant cannot be ascertained with reasonable diligence.” This means even though you have taken reasonable steps, you still can’t figure out where your spouse is living.
Once you have entered the information:
- Take the form to a notary. Print out the form, but don’t sign anything yet. You will need to sign it in front of a notary. The notary will check your identification, watch you sign and stamp where needed with an official seal. Court staff at the Montgomery County Domestic Relations Court can notarize forms for you.
- Make photocopies. After the notary stamps your documents, make at least one photocopy for your records.
File your completed affidavit and Request for Service form with the Montgomery County Clerk of Courts.
If your request is approved, a notice about your case will be published for 6 weeks. Once it’s complete, the Clerk will post an update to your case docket. Then your spouse will be “served.”
Service by posting and mail
If you filed a poverty affidavit with your case and don’t know your spouse’s address, you may be able to serve them by “posting and mail.”
This means you let your spouse know about the case by having it posted in a public place and mailed to their last known address.
You can find the specific rules for requesting service by posting and mail in the Local Rules of Court (Rule 4.12(B)).
Service by posting and mail may be an option if:
- You are filing your case with a poverty affidavit.
- Your case is in the Domestic Relations Court.
- You don’t know where your spouse lives.
- You have taken reasonable steps to find their address.
- You have a last known address for your spouse (even if you know they aren’t living there now).
To ask for service by posting and mail, you must file a request with the Clerk of Courts:
- Fill out the Request for Service form. Check the box for “Defendant/Petitioner” and then check “Other” and write “Service by posting and ordinary mail, address correction requested.”
- Complete an affidavit. You must give the Court an affidavit – or a sworn statement – saying you don’t know your spouse’s address and you haven’t been able to find it, even though you have tried. You can use the form on this page to create your affidavit. Be sure to enter all the required information, including your spouse’s last known address.
In your affidavit for service by posting and mail, include:
- A statement that you can’t serve your spouse because their address is unknown. The Court’s rules require that you include the following language: “Service of summons cannot be made because the residence of the defendant is unknown to the affiant.” By making this statement you are swearing to the Court that you can’t get service because you don’t know your spouse’s address.
- Everything you did to try to find the address. Show the Court that you have taken reasonable steps to try to find your spouse’s address. You can use the following language: “The efforts made to ascertain the residence of the defendant are:” Then list all the steps you have taken to try to find it.
- A statement that the address can’t be found. The Court’s rules suggest using the following language: “The residence of the defendant cannot be ascertained with reasonable diligence.” This means even though you have taken reasonable steps, you still can’t figure out where your spouse is living.
- Your spouse’s last known address. Even if you know your spouse isn’t still living there, you must provide the most recent address where you know your spouse lived.
Once you have entered the information:
- Take the form to a notary. Print out the form, but don’t sign anything yet. You will need to sign it in front of a notary. The notary will check your identification, watch you sign and stamp where needed with an official seal. Court staff at the Montgomery County Domestic Relations Court can notarize forms for you.
- Make photocopies. After the notary stamps your documents, make at least one photocopy for your records.
File your completed affidavit and Request for Service form with the Montgomery County Clerk of Courts.
If the Court approves your request, the Clerk will post a notice about your case in the courthouse and 2 other public places for 6 weeks. The Clerk also will mail the case papers to your spouse’s last known address.
If the Clerk gets a corrected address for your spouse within the 6-week period, the Clerk will mail the case papers to that address.
Once the process is complete, the Clerk will post an update to your case docket. Then your spouse will be “served.”
If nothing works
If the Court can’t serve your spouse at all, you will have to ask the Court to reschedule your hearing. Once you have been given a new date and time, you can repeat the same steps above.
