Oregon Divorce Start Your Divorce Find Professionals Oregon Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Oregon Products Divorce by County
Oregon Service of Process for Divorce
In Oregon, there are no formal requirements to become a process server, and he or she does not have to be licensed. Any person over 18 and not a party to the action may serve process.
The summons must contain a title of the cause, specifying the name of the court in which the complaint is filed and the names of the parties, direction to defendant, which requires him or her to appear and defend within the time-limit, a notification to defendant that in case of failure to do so, the plaintiff will apply to the court for the relief demanded in the complaint, and a subscription, a post office address by the plaintiff or by an active member of the Oregon State Bar. The summons must contain notice that failure to respond means a default for the plaintiff.
In Oregon, personal service means delivery of the divorce papers - true copies of the summons and the complaint - to the defendant.
Substituted service may be effected by delivering the divorce papers at the dwelling house or usual place of abode of the defendant, to any person 14 years of age or older residing where he or she lives. When substituted service is used, the plaintiff, as soon as reasonably possible, must mail, by first class mail, the divorce papers to the defendant’s home together with a statement of the date, time, and place at which substituted service happened. Substituted service is complete upon such mailing.
If the defendant maintains an office for the conduct of business, leaving the divorce papers at his or her office with the person apparently in charge during normal working hours may effect office service. When office service is used, the plaintiff, as soon as reasonably possible, must mail, by first class mail, the divorce papers to the defendant at his home or business “or such other place under the circumstances that is most reasonably calculated to apprise the defendant of the existence and pendency of the action, together with a statement of the date, time, and place at which office service was made.” Office service is complete upon such mailing.
Service by mail means mailing of the divorce papers by regular first class mail and by certified or registered mail, return receipt requested, or express mail.
When service cannot be otherwise effected, the court may order service by means most reasonably calculated to reach the defendant and inform him or her of the pendency of the action, including but not limited to: publication of summons, mailing without publication to a specified post office address of the defendant by first class mail and by certified or registered mail, return receipt requested, or express mail, or posting at specified locations. The court may order a time for response when service is effected by any manner other than publication.
An order for publication directs publication of a notice in a newspaper of general circulation in the county where the action is filed. If there is no such newspaper, then it is to be published in a newspaper to be designated as most likely to give notice to the person to be served. Such publication is executed four times in successive calendar weeks. If the plaintiff knows of a specific location in another county where publication might reasonably result in actual notice to the defendant, the plaintiff must say so, and the court may order publication in a comparable manner at such location in addition to, or in lieu of, publication in the county where the action is commenced.
When the plaintiff knows, or with reasonable diligence can ascertain, the defendant’s current address, the plaintiff mails the divorce papers to the defendant by first class mail and by any of the following: certified or registered mail, return receipt requested, or express mail. When the plaintiff does not know the current address of the defendant, a copy of the summons and the complaint shall be mailed by the methods specified above to the defendant to his or her last known address. If the plaintiff does not know the defendant’s current and last known addresses, mailing of a copy of the summons and the complaint is not required.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
|Women's Rights Manual For Divorce
Cover Price: $
Your Price: $29.95
You Save: $26.00
"The Absolute Best Investment in Your Divorce"
|Men's Rights Manual For Divorce
Cover Price: $
Your Price: $29.95
You Save: $26.00
"Uncover Your Options and Unleash Solutions"
© 1996 - 2017 Divorce Source, Inc. All Rights Reserved.