Serving the other spouse · all 50 states · sources read 29 October 2026
Serving divorce papers, state by state
Filing a divorce does not tell your spouse. Service does, and in many states the automatic order on money and property does not bind your spouse until they are served. This page shows who can serve the papers in each state, whether you can do it yourself, and how soon you have to.
In almost every state you cannot hand your spouse the papers yourself. A sheriff, a process server, or an adult who is not a party to the case has to do it. Many states also let your spouse sign a form accepting service, or file an appearance, which counts as service and avoids the cost. If your spouse cannot be found, a court can order a substitute such as publication. The column on the right says when the automatic property order starts to bind you and your spouse, from our 50-state page on automatic orders.
How sure are we of each row?
Every row was read on the state’s own legislature, court, or court-forms site on 29 October 2026. Some state sites block automated reading, so the label on each row says how much we could confirm. Read from official text means we read the rule or statute itself. Partly confirmed means most of the row comes from official text and some comes from an official summary or court form. Needs review means we could not read the official rule for part of the row. Check the rule or ask the court clerk before you rely on it.
| State | Who can serve, and can you | Other ways | Deadline and proof | When the automatic order starts | Source |
|---|---|---|---|---|---|
| Alabama | Sheriff, constable, or a designated adult 19 or older who is not related to you. You cannot serve it yourself. | Certified mail on request to the clerk; signed waiver filed with the clerk; publication by court order. | 120 days. Server’s signed return. | No automatic order. Ask the court (Rule 65). | Ala. R. Civ. P. 4 Read from official text |
| Alaska | Peace officer or a person the court appoints. Whether you can serve is unclear. | Certified mail, restricted delivery; court-allowed alternatives such as online posting. | 120 days. Affidavit, or the mail return receipt. | No automatic order. A judicial district may issue a standing injunction, effective when received. | Alaska Court System, serving papers Partly confirmed |
| Arizona | Sheriff, constable, registered process server, or a court-appointed adult 21 or older. Not you. | Written acceptance; voluntary appearance; restricted-delivery mail; court-ordered posting, email, or publication. | 120 days. Affidavit or return. | You at filing. Your spouse on service or actual notice. | A.R.S. 25-315 Partly confirmed |
| Arkansas | Sheriff or a court-appointed server. You may use only certified mail or commercial delivery. | Mail with a notice-and-acknowledgment form; warning order if your spouse cannot be found. | 120 days. The official summons has a proof-of-service section. | No automatic order. Ask the court (Rule 65). | Arkansas summons and proof of service Needs review |
| California | Any adult 18 or older who is not a party. Not you. | Mail with a signed acknowledgment (form FL-117); posting or publication with court permission. | No fixed deadline in the rule; serve at least 16 court days before a hearing. Proof on form FL-115. | Printed on the summons. The court form tells the filer it applies when the petition is filed. | California Courts self-help Partly confirmed |
| Colorado | Any adult 18 or older who is not a party. Not you. | Signed waiver and acceptance (form JDF 1251); court-ordered mail or publication. | 63 days. Declaration, or form JDF 1251(b). | Binds both spouses only after filing and service or waiver. | Colorado Judicial JDF 1266 Read from official text |
| Connecticut | The summons goes to any proper officer, usually a state marshal. | Court-ordered notice, including publication. | Return filed at least 6 days before the return date. | You at signing the complaint. Your spouse at service. | CT form JD-FM-3 Needs review |
| Delaware | Sheriff or a specially appointed process server. Not you. | Your spouse files an appearance; mail or publication if service fails. | Returnable 20 days after issue. Return filed promptly. | You at filing. Your spouse at service, appearance, or written acknowledgment. | Del. Family Court Civil Rule 4 Read from official text |
| Florida | Sheriff, or a court-appointed or certified process server. Not you. | Waiver by certified mail; publication after a diligent search. | 120 days. Affidavit of service. | No statewide order. Some circuits’ standing orders bind you at filing and your spouse at service. | Fla. Family Law Rule 12.070 Read from official text |
| Georgia | Sheriff, marshal, a court-appointed or certified server, or an adult 18 or older who is not a party. Not you. | Written waiver or acknowledgment; publication. | Server acts within 5 days; proof filed within 5 business days. | No statewide order. Some circuits’ standing orders apply. | O.C.G.A. 9-11-4 Partly confirmed |
| Hawaii | Sheriff, a court-appointed person, or an adult 18 or older who is not a party. Not you. | Personal or home delivery; certified mail only with court permission; publication; appearance and waiver. | No deadline found. Prompt proof to the court. | The court’s form 3FP266 calls it an automatic order: you at filing, your spouse once served. The statute reads as on application, so confirm with the clerk. | HRS 580-3 Partly confirmed |
| Idaho | An officer or any adult over 18 who is not a party. Not you. | Signed written admission; publication where a statute allows. | 182 days. Written proof naming the method, date, and place. | No automatic order (rule 506). | Idaho Family Rule 204 Partly confirmed |
| Illinois | Sheriff, a licensed private detective or a private detective agency employee, or a private adult who is not a party and whom the court approves. You cannot serve it yourself. | Your spouse’s appearance; court-ordered methods. | Response deadline printed on the summons. Affidavit of service. | A stay starts at service or your spouse’s appearance and does not cover property. | 735 ILCS 5/2-202 and 750 ILCS 5/501.1(a); Illinois Courts, summons instructions Read from official text |
| Indiana | Sheriff or a court-appointed person. Whether you can hand it over is unclear. | Certified mail or delivery; signed written admission; publication. | No deadline found. Signed return. | No automatic order. Ask for a restraining order by motion. | Indiana Trial Rules Needs review |
| Iowa | Any adult who is not a party or the party’s attorney. Not you. | Signed acknowledgment; leave with a resident 18 or older; court-ordered methods; publication. | 90 days. Sheriff’s return or affidavit. | No automatic order. Ask for an injunction. | Iowa Rules of Civil Procedure Partly confirmed |
| Kansas | Sheriff, or an attorney, licensed investigator, or appointed person. You are not listed. | Certified mail or courier; acknowledgment or voluntary appearance; publication. | 90 days. Return filed within 14 days. | No automatic order. A judge may restrain property after filing; such orders need personal service. | K.S.A. 60-303 Read from official text |
| Kentucky | The clerk mails it certified, or an authorized person delivers it. Whether you can serve is unclear. | Waiver and entry of appearance (form AOC-252.1); warning order if your spouse cannot be found. | No deadline found. Proof of service is required. | No automatic order. A status-quo order is possible after notice and a hearing. | Ky. Civil Rule 4 and Family Court Rule 2 Needs review |
| Louisiana | Sheriff. If he has not served in 10 days, the court appoints an adult. Not you. | Written waiver. | Request service within 90 days. Sheriff’s return. | No automatic order. Ask for an injunction (La. R.S. 9:371). | La. C.C.P. art. 1293 Partly confirmed |
| Maine | Sheriff, deputy, or a court-appointed person. You may mail the papers with an acknowledgment form. | Acknowledgment returned within 20 days; certified restricted mail; court-ordered methods. | Return filed within 90 days. | You at filing. Your spouse at service. | Maine Rules of Civil Procedure Read from official text |
| Maryland | Sheriff or a private adult 18 or older who is not a party. Not you. | Certified mail sent by a non-party; court-ordered alternatives. | Summons is effective for 60 days. Affidavit form CC-DR-055 or CC-DR-056. | No automatic order found. | Maryland CC-DRIN-A instructions Partly confirmed |
| Massachusetts | Sheriff, deputy, or a disinterested person. Not you. | Notarized acceptance; court-ordered publication plus mailing. | 90 days. Return of service. | You at filing. Your spouse at service or acceptance (Rule 411). | Mass.gov, service of process Read from official text |
| Michigan | Any legally competent adult who is not a party. Not you. | Registered or certified mail with a signed receipt; voluntary appearance; court-ordered methods. | Summons expires 91 days after it is issued. Acknowledgment or verified statement. | No automatic order. An ex parte or temporary order is possible (MCR 3.207). | Michigan Court Rules 2.103 to 2.106 Partly confirmed |
| Minnesota | Sheriff or an adult 18 or older who is not a party. Not you. | Waiver; publication. | Personal service is required; 60 days if you use the sheriff. Certificate or affidavit. | Binds both spouses only once the summons is served. Lapses if a year passes with nothing filed. | Minn. Stat. 518.091 Partly confirmed |
| Mississippi | Any adult 18 or older who is not a party, or the sheriff. Not you. | Home service plus mailing; mail with acknowledgment; sworn waiver or appearance; publication. | 120 days under the civil rules (whether this applies to divorce is unconfirmed). Sheriff’s return or affidavit. | No automatic order (Rule 65). | Miss. R. Civ. P. 4 Partly confirmed |
| Missouri | Sheriff, or an adult over 18 who is not a party. Not you. | Signed acknowledgment; mail; publication. | Returned within 30 days of issue, extendable to 90. | No automatic order. A court may restrain property after notice and a hearing. | RSMo 452.315 Partly confirmed |
| Montana | Sheriff or an adult over 18 who is not a party. Not you. | Mail with an acknowledgment (21 days); voluntary appearance; publication. | Three years. Certificate or affidavit. | You at filing. Your spouse at service. | MCA 40-4-126 Read from official text |
| Nebraska | Sheriff, a court-appointed server, or a bonded server 21 or older. You may send certified mail yourself. | Voluntary appearance; court-ordered substitute service or publication. | 180 days. Proof within 20 days. | No automatic order. An ex parte order is possible on application (42-357). | Neb. Rev. Stat. 25-506.01 Read from official text |
| Nevada | Sheriff, or an adult 18 or older who is not a party. Not you. | Waiver by mail; voluntary appearance; court-ordered alternatives; publication. | 120 days. Affidavit. | No statewide order. In Clark County the clerk-issued injunction binds your spouse at service. | NRCP 4 Partly confirmed |
| New Hampshire | You serve by certified mail, restricted delivery, or the sheriff does. | Your spouse can accept the papers at the court within 10 days. | No deadline in the rule. Return receipt or sheriff’s return. | The court issues a restraining order after filing (RSA 458:16-b). When it binds each spouse is unconfirmed. | NH Family Division Rule 2.4 Needs review |
| New Jersey | Sheriff or a private process server, per the court. Whether you can serve is unclear. | Certified mail with a signed receipt; signed acceptance or appearance. | The court’s self-help page says 30 days. Proof forms. | No automatic order found. | NJ Courts, divorce self-help Needs review |
| New Mexico | Any adult over 18 who is not a party. Not you. | Mail or courier with a signed receipt; written waiver; publication. | “Reasonable diligence,” no fixed deadline. File proof promptly. | You at filing. Your spouse at service (form 4A-201). | Rule 1-004 NMRA Partly confirmed |
| New York | Any adult 18 or older who is not a party. Not you. | Leave with a suitable person plus mailing; court-ordered methods. | 120 days. Notarized affidavit of service. | You at filing. Your spouse at service. | CPLR 2103 Partly confirmed |
| North Carolina | Sheriff in state; an adult 21 or older if out of state. Not you. | Certified mail; delivery service; signed acceptance and appearance; publication as a last resort. | 60 days from issue. Affidavit plus the return receipt. | No automatic order. Ask for an injunction (G.S. 50-20(i)). | N.C. Rule 4 Read from official text |
| North Dakota | Any adult who is not a party. Not you. | Mail with a signed receipt; written admission; publication. | No general deadline. The case starts on service. | Binds both spouses only at service (Rule 8.4). | N.D.R.Civ.P. 4 Read from official text |
| Ohio | The clerk serves by certified mail; the sheriff or a process server serves if you ask. Not you. | Written waiver; publication for six weeks. | Within 6 months. Return receipt filed. | No statewide order. Some counties bind both spouses at filing. | Ohio Civil Rules Read from official text |
| Oklahoma | Sheriff, a licensed process server, or an appointed person. Not you. | Acknowledgment or voluntary appearance counts as service; certified mail; publication. | 180 days. Return filed promptly. | Binds both spouses after filing and personal service or waiver (43 O.S. 110). | 12 O.S. 2004 Read from official text |
| Oregon | Any competent adult 18 or older who is not a party. Not you. | Substitute or office service; mail; signed acceptance of service. | No deadline found. Proof of service. | The order starts at service. The filer acknowledges being bound by filing (ORS 107.093). | ORS 107.093 Partly confirmed |
| Pennsylvania | Sheriff or a competent adult. You may mail by first-class and certified mail. | Signed acceptance; alternative service by court order. | 30 days (90 if your spouse is out of state). Proof within 10 days. | No automatic order. Ask for an injunction. | Pa.R.C.P. 1930.4 Partly confirmed |
| Rhode Island | An authorized officer or someone the court appoints. Whether you can serve is unclear. | Personal service; court-ordered methods. | No deadline in Rule 4. Proof by affidavit if the server is not an officer. | You at signing the complaint. Your spouse at service. | R.I. Gen. Laws 15-5-14.1 Partly confirmed |
| South Carolina | Sheriff, or an adult 18 or older who is not an attorney or a party. Not you. | Certified mail sent by the plaintiff; signed acceptance; publication. | No divorce deadline found. Sheriff’s certificate or an affidavit. | No automatic order. A judge may restrain a party (20-3-110), but not as to property. | SCRCP 4 Partly confirmed |
| South Dakota | Sheriff or a non-party. You can hand it over only if your spouse signs an admission of service. | Signed admission by mail; publication. | 60 days from giving the summons to the sheriff. Proof must be filed. | Binds both spouses after filing and personal service. | SDCL 25-4-33.1 Partly confirmed |
| Tennessee | Sheriff, or any private person 18 or older who is not a party. Not you. | Certified or registered mail to the defendant (service is complete when the defendant or a person the rules designate signs the return receipt); waiver and acceptance; court-allowed alternatives. | 90 days from issue. If not served, return the summons and get a new one. Proof names the person served and how (Rule 4.03). | Binds both spouses after filing and personal service or waiver (36-4-106(d)). | Tenn. R. Civ. P. 4.03 and the Rule 4 comments; the 18-and-not-a-party wording of Rule 4.01 is from a secondary site Partly confirmed |
| Texas | Sheriff, constable, an authorized adult, or a certified process server. You cannot. | Certified mail; sworn waiver; appearance; substitute service by order; publication. | No fixed deadline found. Verified return. | No statewide order. Dallas, Bexar, Collin, and Travis standing orders start at filing. | Texas Rules of Civil Procedure Partly confirmed |
| Utah | Any adult 18 or older who is not a party. Not you. | Mail or courier with a signed receipt; written acceptance; court-ordered methods. | 120 days. Proof of date, place, and manner. | You at filing. Your spouse on receiving the signed injunction. | URCP 4 and 109 Read from official text |
| Vermont | Sheriff, constable, or an appointed person. You must see that service is made. | Acceptance form; waiver by mail; certified mail; publication. | No outer deadline found. | An interim order issues when the case starts. When it binds each spouse is unconfirmed. | Vermont Judiciary, serving papers Needs review |
| Virginia | Sheriff, a private process server, or an adult 18 or older who is not a party. Not you. | Home service on a family member 16 or older; posting plus mailing; signed waiver (form CC-1406). | 12 months. Return within 72 hours. | No automatic order. The court may order protection. | Va. Code 8.01-293 Read from official text |
| Washington | Sheriff, or an adult over 18 who is not a party. Not you. | Mail if personal service cannot be made; appearance; publication. | 90 days (tied to the limitations period). Return states time, place, and manner. | No statewide order. Some counties, such as Pierce and Okanogan, bind you at filing and your spouse at service. | Washington CR 4 Read from official text |
| West Virginia | Sheriff, a process server, or certified mail through the clerk. Not you. | Notarized acceptance of service; publication. | Sources disagree: 20 days or 120 days. Affidavit or return receipt. | No automatic order. | WV divorce packet SCA-FC-100 Partly confirmed |
| Wisconsin | Sheriff, a private server, or a friend or relative 18 or older, living in Wisconsin, who is not a party. Not you. | Signed admission of service; publication. | 90 days. Declaration of service. | You at filing. Your spouse at service. | Wis. Stat. 767.117 Partly confirmed |
| Wyoming | Any adult 18 or older who is not a party, or the sheriff. Not you. One court packet says a sheriff must serve. | Written acceptance; publication. | 90 days. Affidavit. | No automatic order found. | Wyoming divorce packet Partly confirmed |
What to do if you cannot serve your spouse
If your spouse is hiding, lives abroad, or you do not know the address, the court can allow a substitute such as posting or publication. That usually needs a sworn statement that you tried to find them. Ask the clerk or a lawyer which route your state allows, because getting it wrong can leave the case without valid service.
This page gives general information, not legal advice. Court rules change, so check the current rule or ask the clerk before relying on a row. See also automatic orders by state and Illinois’s automatic stay. Corrections at thecusp.app/corrections.
Last verified 29 October 2026. Court rules change. If you spot something out of date or wrong in a row, tell us and we will check it against the source and record the fix in the corrections log.
Read next: can you serve your own divorce papers? and how we source and label our legal research, which explains the three labels above.