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What Is an Acceptance/Waiver of Service of Process?

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What Is an Acceptance/Waiver of Service of Process?

April 20 2023
By Faye Carroll

If you are pursuing an uncontested divorce, you may be wondering what an acceptance or waiver of Service of Process is.

It may sound confusing, but acceptance of a divorce complaint, also called a waiver of Service of Process, is simply the second step in an uncontested divorce that prevents the need to be physically served papers in a divorce.

Here, we explain more about the acceptance or waiver of Service of Process in uncontested divorces in Virginia.

By Accepting the Divorce Complaint, You Waive the Service of Process

In an uncontested divorce, the person who did not file for divorce must be served with a copy of the divorce paperwork that was filed by the party that did file. This process is called the Service of Process, and it is the second step in an uncontested divorce.

There are a few ways in which the Service of Process can be carried out, including by certified mail, by law enforcement, or by a process server. However, there is the option to waive the Service of Process by simply accepting a copy of the divorce complaint.

You can accept the documents from your spouse or their attorney. By doing so, you waive the Service of Process. In addition, upon accepting the paperwork, you will be required to sign an affidavit saying that you acknowledge receipt of the divorce complaint, which will therefore waive the Service of Process.

A Waiver of Service of Process Allows You to Avoid Being Served

When you accept the divorce complaint, you acknowledge that you have received notification of the divorce being filed. Therefore, you agree that you do not need the divorce documents to be physically served to you.

A waiver of Service of Process can ultimately save both parties stress, time, and money from someone physically serving the paperwork to the other person’s home or place of work, or from having to mail the paperwork via certified mail.

Overall, accepting the divorce complaint and signing the affidavit acknowledging that you received it and do not need to be served can accelerate the divorce process and help you secure your divorce faster and for a lower cost in Virginia.

Have Questions About the Divorce Process? Let Us Help

Virginia Family Law Center, P.C. specializes in uncontested divorces in the state of Virginia. If you have questions about the divorce proceedings for your particular case or the acceptance or waiver of Service of Process step, contact us for a 30-minute consultation today.

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