Receiving Court Documents and Summons in Divorce Proceedings

When we speak of summons and receiving court documents, this means that a divorce through court proceedings (contentious divorce) is being conducted, since otherwise the spouses must enter into an agreement that both are aware of and jointly present to the court.

For one of the spouses to initiate divorce proceedings, it is necessary to prepare a statement of claim, in which their requests are set out. The claim must be filed before the District Court at the permanent address of the defendant – usually this is the court in the city where the couple’s common household was located. Once the claim is accepted as regular, a copy is served on the other spouse, who is given a one-month period to submit a written response, starting from the date of receipt.

The service of documents, including those related to divorce, is regulated by the Civil Procedure Code (CPC). According to its latest amendments, notifications, including statements of claim, are served to the address indicated in the case. If the addressee cannot be found at that address, the notification is served at their current address, if any, or at their permanent address if different from that indicated in the case. The court, through the process server, may collect information that the defendant no longer lives at the indicated address, after verifying this with the building manager, the mayor of the settlement, or in another manner. In such a case, the court ex officio checks the defendant’s place of work and may order service to be made there.

The process server is obliged to make at least three visits to the defendant’s permanent or stated address, with at least a one-week interval between visits, and at least one of the visits must be made on a non-working day. Only after that may the documents be served at the defendant’s workplace.

The CPC also provides the possibility of notifying the other spouse through a public announcement, if at the time of filing the claim the defendant has no registered permanent or current address. At the request of the claimant – that is, the spouse filing the claim – the notification may be published in the unofficial section of the State Gazette.

If you have questions related to divorce, child support, or visitation rights, it is best to consult a lawyer specializing in family and inheritance law.