Method #1: Service by Somerset County Sheriff’s Office (Most Common)

How It Works: After filing your divorce complaint with Somerset County Family Court, you arrange for the Somerset County Sheriff’s Office to personally serve the Summons and Complaint on your spouse. The Sheriff’s Office will attempt service at your spouse’s residence, workplace, or other location where they can be found.

Procedure:

1. File your Complaint for Divorce with Somerset County Family Court (20 North Bridge Street, Somerville). Filing fee is approximately $300 (subject to change; fee waivers available for low-income filers).
2. Obtain certified copies of the filed Summons and Complaint from the court clerk.
3. Take the Summons and Complaint to the Somerset County Sheriff’s Office Civil Division.
4. Complete the Sheriff’s service request form providing your spouse’s name, physical description, home address, work address, vehicle description, and typical schedule if known.
5. Pay the Sheriff’s service fee (approximately $25-50, varies by service complexity).
6. Sheriff’s deputies will attempt service, typically making 3-5 attempts at different times of day.
7. Upon successful service, the Sheriff files an Affidavit of Service with the court documenting the date, time, location, and manner of service.
8. You receive a copy of the Affidavit of Service as proof that service was completed.

Somerset County Sheriff’s Office
20 North Bridge Street, Somerville, NJ 08876
Phone: 908-231-7140
Hours: Monday-Friday, 8:30 AM – 4:30 PM

Advantages: Official government service by trained law enforcement personnel, creates strong legal presumption that service was proper, Sheriff files Affidavit of Service directly with court, relatively inexpensive, and accepted in all courts without question.

Disadvantages: Can take 1-3 weeks depending on Sheriff’s schedule and difficulty locating your spouse, less flexible than private process servers regarding service times and locations, and if your spouse is actively avoiding service, Sheriff may have limited persistence.

Method #2: Service by Private Process Server

How It Works: You hire a licensed private process server to personally serve the divorce papers on your spouse. Private process servers are professional service agents who locate and serve legal documents as their business.

Requirements for Process Server: Under New Jersey law, a process server must be:

• At least 18 years old
• Not a party to the divorce case (cannot be the plaintiff, plaintiff’s attorney, or anyone with direct interest in the outcome)
• Competent to serve process (generally means of sound mind and not under legal disability)
• Licensed if operating as a professional process server in New Jersey

Procedure:

1. File your Complaint for Divorce with Somerset County Family Court.
2. Hire a licensed private process server (can be found through online directories, attorney referrals, or local legal service providers).
3. Provide process server with Summons, Complaint, and detailed information about your spouse’s location and schedule.
4. Process server personally serves the documents on your spouse.
5. Process server completes an Affidavit of Service under oath detailing when, where, how, and to whom service was made.
6. File the Affidavit of Service with Somerset County Family Court.

Costs: Private process servers typically charge $50-$150 depending on distance, difficulty of service, number of attempts required, and urgency. Rush service costs more.

Advantages: Often faster than Sheriff service (can be done within 24-48 hours), more persistent in locating hard-to-find defendants, flexible scheduling (can attempt service evenings/weekends), and can serve in other counties or states if your spouse lives outside Somerset County.

Disadvantages: More expensive than Sheriff service, you must locate and hire the process server yourself, quality varies by provider, and you must ensure the Affidavit of Service is properly filed with the court.

Method #3: Service by Certified Mail (Requires Spouse’s Consent)

How It Works: If your spouse is willing to cooperate and accept service by mail, you can serve the divorce papers via certified mail, return receipt requested. However, your spouse must specifically consent to this method—simply mailing papers without their agreement is insufficient.

Procedure:

1. File your Complaint for Divorce with Somerset County Family Court.
2. Discuss with your spouse and obtain their agreement to accept service by certified mail.
3. Mail the Summons and Complaint via USPS certified mail, return receipt requested, to your spouse’s address.
4. Your spouse signs the return receipt acknowledging receipt.
5. When you receive the signed return receipt, file it with Somerset County Family Court along with an Affidavit stating that your spouse agreed to accept service by certified mail.

Alternative – Acknowledgment of Service: An even simpler approach when spouses are cooperative is for the defendant spouse to sign an Acknowledgment of Service form voluntarily waiving formal service. This form is filed with the court and serves as proof that the defendant received the divorce papers and waives any defects in service.

Advantages: Inexpensive (cost of certified mail is under $10), quick and simple when spouses are cooperative, avoids the adversarial nature of Sheriff or process server showing up at spouse’s home/work, and both parties can maintain privacy and dignity.

Disadvantages: Only works when spouse is cooperative, if spouse refuses to sign return receipt or Acknowledgment of Service you must use another method, potential disputes later if spouse claims they never agreed to mail service, and may be challenged if relationship becomes contentious later in the divorce.

Best Practice: Have your spouse sign a written Acknowledgment of Service form (available from court or www.345divorce.com) which is filed with the court, rather than relying solely on certified mail return receipt.