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Kansas Service of Process for Divorce
The Server
Process servers in Kansas are not licensed. All process is made by a sheriff within the sheriff’s county, by his or her deputy, by an attorney admitted to the practice of law before the supreme court of Kansas or by some person appointed as a process server by a judge or clerk of the district court.
Serving Process
Service may be made upon any individual, other than a minor or a disabled person, by serving the individual or by serving an agent authorized by appointment or by law to receive service of process. If the agent is one designated by statute to receive service, such further notice as the statute requires shall be given. Service by certified mail is addressed to an individual at his or her dwelling house or usual place of abode and to an authorized agent at his or her usual or designated address. If service by certified mail to the respondent’s house or usual place of abode is refused or unclaimed, the sheriff, the party seeking service, or the party's attorney, may complete service by certified mail, restricted delivery, by serving the individual at a business address after filing a return on service stating the certified mailing to the individual at such individual's dwelling house or usual place of abode has been refused or unclaimed and a business address is known for such individual. When the plaintiff requests service other than by certified mail, service of process is made by personal or residence service. Personal service means delivering, or offering to deliver, a copy of the process and accompanying documents to the recipient. Residence service means leaving a copy of the process and petition at the dwelling house or usual place of abode of the person to be served with a mature person who lives there. When service cannot be made upon an individual, service may be made by leaving a copy of the process and petition at the defendant's dwelling house or usual place of abode and mailing a notice that such copy has been left at such house or place of abode to the individual by first-class mail. In a divorce case, service may be made by publication in divorce cases if the respondent resides out of the state or if the party, with due diligence, is unable to make service of summons upon the defendant within the state. A notice is published once a week for three consecutive weeks in a newspaper published in the county where the petition is filed and one authorized by law to publish legal notices.
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