I mailed a copy of the divorce complaint and notice to defend to my estranged wife according to local rules, using United States Postal Service restricted delivery certified mail, with return receipt requested.
She notified me 2 days later that she had received and signed for it, but now, nearly a month later I still have not received a return receipt from the postal service.
My estranged wife is willing to confirm that she received it, but all that is missing is the return receipt.
Is it reasonable to hope that the court will accept alternate documentation that she was served with her copy of the complaint and notice to defend in place of the lost return receipt?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania divorce laws where I am licensed to practice.
It depends. This is within the discretion of the court official processing the paperwork when you request your decree, and if there are any issues, the issues may hold up the issuance of your decree.
In the alternative, and to make the situation more straightforward, you could ask the opposing party to sign an “Acceptance of Service,” which simply indicates that the opposing party accepts service of a particular document on a particular date.
Or, you could simply serve her again via certified restricted mail.
Peace of mind in knowing that this was done in the appropriate fashion is probably worth the additional fees for sending it again.
You may want to check with your postmaster to see if he will waive any fees for the second service attempt, since the return receipt did not come back to you, which appears to be the fault of the post office and not you.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pittsburgh Divorce Lawyer Jana Palko, contact Cordell & Cordell.