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What are the options for serving a divorce complaint in Kentucky?

What are the options for serving a divorce complaint in Kentucky?

Full question:

Defendant has not accepted service by certified mail, 2 times. What are the options for getting service to the defendant for the divorce complaint? We know his current address which is in KY.

Category: Civil Actions
Subcategory: Summons
Date: 04/07/2025
State: Ohio

Answer:

If a defendant refuses to accept service by certified mail, there are alternative methods available under Kentucky law. After two unsuccessful attempts at service, you can request the court to allow a different method of service. The court may permit various options, such as:

Tacking the divorce papers to the defendant's last known address.
Delivering the papers to another person in the defendant's household who is of suitable age and discretion, with instructions to give the papers to the defendant.
Mailing the papers to the defendant by first-class mail.
Publishing the notice in a local newspaper.

With the court's approval, if you can show that you have made diligent efforts to serve the defendant, you may also be able to obtain a default judgment.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if they don't serve you?

If a defendant is not served with divorce papers, the court cannot proceed with the case. The plaintiff may need to explore alternative service methods, such as those allowed under Kentucky law, including tacking the papers to the defendant's address or publishing a notice in a local newspaper. If the defendant remains unserved, the case may be delayed until proper service is completed.

What happens if the defendant does not get served?

If the defendant does not receive the divorce papers, the court cannot grant a divorce or any related orders. The plaintiff must ensure proper service is completed. This may involve using alternative methods permitted by Kentucky law, such as serving another person at the defendant's residence or seeking court approval for service by publication.

How much does it cost to send divorce papers certified mail?

The cost to send divorce papers by certified mail typically includes the postage fee, which can vary based on weight and destination, plus an additional fee for the certified service itself. As of now, certified mail costs around $7 to $8, but it’s advisable to check with the United States Postal Service for the most current rates.

What are the rules for service of process in Kentucky?

In Kentucky, service of process must be done in a manner that ensures the defendant receives the legal documents. This can include personal service, certified mail, or alternative methods approved by the court if initial attempts fail. The plaintiff must demonstrate diligent efforts to serve the defendant, and the court may allow service by publication if necessary.

What happens if a server can't find you?

If a process server cannot locate the defendant, the plaintiff may seek alternative methods of service under Kentucky law. This can include tacking the papers to the defendant's last known address or serving someone at their residence. If these methods are unsuccessful, the plaintiff may request permission from the court to serve by publication.

What is the rule 4 service of process?

Rule 4 of the Kentucky Rules of Civil Procedure outlines the requirements for serving legal documents, including divorce papers. It specifies how service should be conducted, including personal service, service by mail, and alternative methods if initial attempts fail. The rule ensures that defendants are properly notified of legal actions against them.