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The Divorce Encyclopedia
Certificate of Mailing


Term Definition Certificate of Mailing - a written statement proving to the court that a copy of a document was mailed to its intended recipient.
Application in Divorce The certificate of mailing certifies that proper procedure was followed in the delivery of important communications.

The act of serving a spouse with divorce papers is one of the first steps in the filing procedure. The court must have proof that a spouse is aware of the divorce, so proper documentation of a spouse receiving the petition or complaint must be provided to the court. The certificate of mailing will state to the court that a copy of the summons and the petition or compliant have been delivered and signed for by the respondent spouse.

In an uncontested case, many states will permit the nonfiling spouse to sign a waiver of service and acceptance, which will acknowledge his or her agreement with the divorce and the contents of the petition or compliant and waive his or her right to be formally served. This will speed up the timeline of the divorce and will also eliminate the additional fees for performing proper service.

Similar to a certificate of service, but rather the summons and petition or complaint are not hand delivered but rather sent by certified mail. This type of service is not accepted by all courts.

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