My Ex (RESPONDENT with Attorney) and I (SELF-REPRESENTED LITIGANT/PETITIONER)have a Divorce Agreement Case and lately a Spousal Support Arrears Agreement/Court Order. If and when I need to File "Order to Show Cause" for a "Modification" to the Court Order, do I have to have it served by a Process Server or can I just mail it. Respondent's Attorney told me unless I was starting up the Case from the beginning that I didn't have to have it "Served" by a Processer Server or Sheriff; that I could just mail it. Is this true?
3 Answers from Attorneys
First of all, it is never a good idea to be representing yourself in these types of matters. Having said that, if there is currently an open case, where you are in pro per, if you file an Order to Show Cause, which is now called, "Request for Order", it is true that a copy with an attached proof of service can be mailed. However, since you are the "party", you could not personally do that mailing, nor sign the attached proof of service. That would have to be done by someone else over the age of 18.
You can have this served by mail, however the formalities of mail service must be met. If you are talking about collecting arrears you may be wasting your time setting another motion. The judge has already ordered him to pay, he cannot order him to pay again. I taught a seminar to attorneys and judges that I called "Show me the money." on how to collect child support and attorneys fees. You have a right to attorneys fees if you must collect fees. I suggest that you get the advice of an attorney. What you are doing so far has not been working.
I agree with Mr. Besser. You cannot mail or serve the documents, because you are a party to the divorce. You will have to have that done by someone who is not a party and who is over the age of 18, and the person cannot also be named in a protective order as a protected person.