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Idaho Service of Process for Divorce
The Server

A process server must either be authorized by the court to serve paperwork and/or he or she must be someone over 18 who is not named as one of the parties in the action. Process servers in Idaho are not licensed.

In many divorce cases, for example, a person who is not a process server, such as a parent or sibling, can serve the paperwork to the spouse named, but one spouse cannot serve the other spouse.

Serving Process

Paperwork - the summons and complaint - must be served to the defendant within a period of six months after the filing. If service does not take place, and if there is not good cause for the service not taking place, the court considers the case invalid, dismisses it, and the process begins again.

Divorce paperwork may be served by delivering a copy of the summons and complaint to the individual personally, or by leaving copies at his or her house or usual place of abode with a person over 18 living there, or by delivering a copy to a party authorized by appointment or by law to receive service of process.

Divorce paperwork may also be transmitted by fax machine or telegraph and the copy transmitted may be served or executed by the officer or person to whom it was sent, and returned in the same manner, and with the same force, effect, authority and liability as the original. There must, however, be proof that the individual has received the documents, and the original must be filed in the court from which issued.

When the plaintiff “resides outside of the state, or has departed from the state, or cannot after due diligence be found within the state, or conceals himself therein to avoid the service of summons,” Idaho permits service by publication of a notice in a newspaper.

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