If you are commencing a divorce, filing a post-decree matter, seeking child support,or filing a petition for the allocation of parental rights and responsibilities, there are specific rules regarding how the other party in the case must be notified. Significantly, Ohio allows for service of process through certified mail. But this doesn’t mean that it is “easy” for the opposing party to avoid service. Unlike what many people might mistakenly believe, refusing service by certified mail will not stop a case from proceeding forward. Additionally, refusing family law papers through certified mail can have serious implications and unintended consequences for the party served.
How are Family Law Papers Served in Ohio?
Under the Ohio Rules of Civil Procedure, there are several ways a party to a domestic relations matter may be served the initial legal papers. The method used can depend upon the specific circumstances in the case and whether the whereabouts of the party to be served are known, but ultimately, the choice is up to the filing party’s attorneys. The primary methods of service include the following:
- Certified mail — Typically, the most cost-effective option to serve the other party is by certified mail, return receipt requested. When they receive the piece of mail, the party signs an acknowledgement of receipt, which the USPS then returns to the clerk of courts, who files it with the court. This demonstrates proof of delivery and eliminates disputes regarding whether the papers were received. In some Ohio counties, this is the required method for serving family law papers, unless another method is requested.
- Commercial Carrier – The second most common and cost-effective choice for serving the opposing party is via a commercial mail carrier such as FedEx. The Defendant would have to sign an acknowledgement of receipt when they receive or pick up the complaint for divorce or initial motion(s) the same as service via certified mail.
- Personal service by a third party — A neutral party, such as a sheriff, process server, common carrier delivery service with receipt, or any individual over 18 authorized by the court can deliver the papers to the party to be served pursuant to the Civil Rules. This method ensures there is no doubt as to whether the other party received the papers.
- Service by publication — If the moving party does not know the location of the other party, that moving party can ask the court for permission to serve the opponent by publication. This form of service is effectuated by publishing notice in a local newspaper or posting notice of the action in the courthouse for six weeks. However, you must also show you have made diligent efforts to find the party’s address, usually through filing an affidavit attesting to your efforts, in order for the court to allow this option.
Critically, arranging for service of process in a domestic relations case is the moving party’s responsibility. Whichever method is used, proof of service must be returned and filed with the court.
What Happens if the Other Party Refuses Family Law Papers Sent by Certified Mail?
If service of family law papers sent by certified mail is successful, the date of the opposing party’s signature, known as the date of service, determines the start date for the 28 days the opposing party has to answer the complaint. The date of delivery of other process methods are successful also commences the time frame that the other party has to respond to the complaint or initial motion. If the opposing party does not respond, or “appear,” in the case within 28 days of the date of service, the court may schedule a hearing and grant you the relief you have requested in your case.
Certified mail qualifies as proper notification in Ohio, and just because family law papers are refused does not mean the opposing party is absolved of their legal obligations. All that is needed is for the clerk of courts to issue the complaint or motion anew via regular mail. Importantly, you don’t need the other party’s signature to move forward in your case in case of regular mail service after certified mail failed. In the event the certified mail envelope containing the motion or complaint to be served is marked as “refused” or “unclaimed” by the United States Postal Service, the court can, upon instruction, send them again by regular mail and can assume the party has received them. The opposing party would then have 28 days from the date the papers are sent (not received) to file an answer.
What Should You Do If You Are Sent Family Law Papers by Certified Mail
If you are facing a domestic relations matter, the best course of action is to accept and acknowledge any certified mail you have been sent. Refusing family law papers through certified mail does not mean the case will be thrown out or delayed to your favor. Notably, if you evade service, the case would simply move forward without you, which is a grave mistake! In order to protect your legal rights, it is best to file an answer and cooperate with the legal process.
Refusing certified mail can result in the court issuing an order based on the moving party’s requests, and potentially ignoring your rights and preferences. By accepting the papers that have been mailed, you will know what is going on in your situation. This will give you the opportunity to find legal counsel to safeguard your interests — and avoid a default judgment being entered against you.
Contact an Experienced Ohio Divorce and Family Law Attorney
Whether you are commencing a domestic relations case or have been served papers in one, it’s essential to have the representation of a skillful attorney. Located in Green, Ohio – halfway between the Akron and Canton courthouses – Melissa Graham-Hurd & Associates, LLC provides compassionate counsel and high-quality legal services to clients for divorce, dissolution, and a broad scope of family law matters. Contact Melissa Graham-Hurd and Associates to schedule a consultation and learn how we can help.
