When one party in a divorce action actively avoids receiving the formal notification of the proceedings, it creates a challenge to initiating the legal process. Proper service of divorce papers is a fundamental requirement, ensuring the respondent is aware of the lawsuit and has an opportunity to respond. Refusal to accept the documents directly from a process server, or persistent evasion of service attempts, does not automatically halt the divorce; it merely necessitates alternative methods of achieving proper notification.
The importance of proper service lies in upholding due process and fairness within the legal system. It ensures that individuals are informed of legal actions that affect them, preventing unilateral or secret proceedings. Historically, the concept of service has evolved to reflect changing social norms and technological advancements, with courts adapting rules to accommodate situations where traditional methods are ineffective due to evasion or other circumstances. The inability to proceed with a divorce simply because one party refuses service would create an unfair advantage and potentially trap individuals in undesirable or even abusive situations.
