Serve Your Spouse or Waive Service? Missouri Divorce Basics

Once the divorce petition is filed, your spouse has to find out about it officially. There are two ways that happens: a sheriff or process server hands them the papers, or they sign a form saying they don’t need that. Here’s how to pick.

Serving a Divorce Petition

Serving a divorce petition involves formally delivering the legal document to the spouse, and notifying them of the divorce proceedings. In Missouri, there are several methods for serving divorce papers, including personal service, service by mail, or by publication when the spouse’s whereabouts are unknown.

Advantages of Serving

1. No “I never got the papers” excuse. There’s an official record that your spouse was served.
2. It starts their clock. Your spouse has 30 days after service to respond.
3. Safety. If there’s a history of abuse or your spouse is likely to dodge or fight, formal service creates a clean record and you never have to hand them anything yourself.

Waiving Service of a Divorce Petition

Your spouse can skip formal service by signing an Entry of Appearance and Waiver of Service. Signing it doesn’t mean your spouse agrees to anything. It just means they know about the case. And it doesn’t speed past Missouri’s 30-day minimum wait after filing (RSMo 452.305).

Advantages of Waiving

1. Faster. No sheriff at the door, and no waiting on a process server to track anyone down.
2. Sets a cooperative tone. It starts the case on a cooperative note instead of a confrontational one.
3. Cheaper. No sheriff or process server fees.

Which Option Is Best and Why

If you two can still sit at the same table, waive service. It’s cheaper and it keeps the temperature down. If you can’t trust your spouse to sign and return a form, or there’s any history of abuse, have them served. Don’t hand-deliver the papers yourself.

Not sure which way to go? Call me. I’ll tell you which one fits your situation and get the right form in front of the right person.

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