A person can still be served while in prison. A spouse or parent of children may wish to serve the incarcerated person with:
- A petition for Divorce or Dissolution of marriage
- A petition for a Legal Separation
- A petition for Annulment
- A Paternity Action which would involve custody, visitation and support of children
- An Order to Show Cause to change an existing court order
Factors that are important for service are:
- Is the person cooperative? If he/she is, then the service can be made by mail.
- If the person is not cooperative, the service papers need to be mailed to the specific department in the prison that handles ‘proof of service’ and this department will perform the service similar to that of a process server.
The Proof of Service is an essential part of any Family Law matter and must be considered when filing any action such as Divorce, Legal Separation, Annulment, Paternity Action or changes to existing orders for custody, visitation and support of children. Even if someone is incarcerated, they can still be served.