The Top Things to Avoid When Serving Divorce Papers

Some of the most common stories you hear about aggression towards process servers happen when they are attempting to serve process in domestic cases, especially divorces. Tensions run high in most divorce situations, and the parties involved quite often project that tension as anger onto the messenger. 

When serving process in a divorce or other domestic case, stay safe by avoiding:

Aggression

Always approach the person to be served with a calm and professional demeanor. Never use any type of aggression or hostility when serving. Be mindful of both tone of voice and body language, as both can give people the wrong impression.

Specifically avoid:

• Raising the volume of your voice
• Clenching jaws or fists
• Grimacing
• Standing too close
• Touching of any kind
• Sudden movements
• Large, grandiose gestures

If the person being served reacts with hostility or anger, it’s even more important to keep your cool and remember why you are there. Complete the task at hand and remove yourself from the situation as quickly as possible.

Service around others

People do not generally like their friends and family to know that they’re going through legal issues, so it’s best practice to serve process away from others unless it is not safe to do so. This is especially true when children are in the vicinity, as the court matters could be completely unknown to them and quite upsetting.

Serving acquaintances

Serving someone you know on a personal level, even if they’re a mere acquaintance, is a legal gray area and a possible conflict of interest. At the very least, it could be twisted into something unsavory by opposing counsel in the case, which is undesirable for your client.

Misleading

It’s obviously wrong to lie about who you are or what you’re doing, but even being slightly misleading is unethical. That includes lying or being deceptive in any way, whether it be contacting people from fake social media accounts or impersonating officials. Good process servers never have to resort to these lows to get their work done!

Misleading others while serving divorce papers may lead to a whole other level of accusations and mistrust that could cast doubt on the validity of service and cause problems in your client’s case. It’s just not worth the potential trouble.

It’s doubtful that any process server enjoys serving divorce papers, but it is a necessary function of the legal system. Keep yourself and others safe while serving divorce papers in the Daytona area by avoiding deception, conflicts of interest, potential privacy issues, and aggression on your own part. To join a team that knows all about serving process safely in tense situations, contact us here at Accurate Serve® of Daytona Beach at (386) 569-8475 or online today!