Serving Divorce Papers in District of Columbia

Who can serve the papers

Rule 4(c)(2)(A) allows service by any person at least 18 who is not a party. They can deliver the summons and complaint personally, or leave it at your spouse's home with someone suitable who lives there. You can also use the Metropolitan Police Department under D.C. Code Section 13-302.01(b). A United States marshal can serve under D.C. Code Section 13-302 too. Most filers use a private adult or a process server instead.

Service by mail

You can serve by registered or certified mail, return receipt requested. This gets addressed to your spouse's dwelling or usual place of abode. Rule 4(c)(2)(C) also allows first-class mail paired with a Notice and Acknowledgment form. This comes with a prepaid return envelope. If your spouse does not sign and return it within 21 days, the court can make them pay for whatever alternative service you then have to use.

When your spouse can't be found: alternative service and publication

If a diligent effort fails to complete service by standard methods, the court can permit an alternative method. It must be reasonably calculated to give your spouse actual notice, such as delivery to their employer. Service by publication is narrower still. It applies when a summons comes back not found and your spouse is shown to be a nonresident or absent from DC for at least six months. It also applies when your spouse cannot be found despite diligent efforts, or is concealing themselves to avoid service. Publication runs in a legal newspaper at least once a week for three successive weeks.

Under D.C. Code Section 13-340, in a divorce or custody case, paying for publication can be waived. If it would be a substantial hardship, the court can let you post the order in the clerk's office and on the court's website for 21 days instead.

Proof of service

Unless service is waived, proof of service must be filed with the court. The specific proof required depends on the method used. For mail service, that means a signed Notice and Acknowledgment. For personal service by an individual server, that means an affidavit describing the delivery.

Response deadline and costs

A defendant generally must serve an answer within 21 days after being served with the summons and complaint. DC allows any qualifying adult to serve process, so costs vary depending on who you use. A private process server typically charges a flat fee per attempt. Compare rates before choosing one, since the District does not publish one fixed statewide service fee.