Form Jd-Fm-249 - Certification Of Waiver Of Service Of Process - Divorce, Legal Separation, Annulment Page 2

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Note on “Service of Process”:

“Service of Process” is the way that a defendant is notified that a legal case has been started against them. The court tells a

proper officer (usually a state marshal) to deliver certain papers to the defendant. In a divorce (dissolution of marriage or civil

union) legal separation or annulment case, the officer must deliver a Summons, Family Actions (form JD-FM-3), Divorce

Complaint (Dissolution of Marriage) (form JD-FM-159) or Dissolution of Civil Union Complaint (form JD-FM-159A) a Legal

Separation Complaint (form JD-FM-237) or Annulment Complaint (form JD-FM-240), and Notice of Automatic Orders (form

JD-FM-158). The officer must deliver the papers to the defendant in person or at the defendant's home.

If service of process has not been done, the defendant may file a motion to dismiss the case because the court does not have

jurisdiction (the ability to issue a ruling) over them.

However, the following are ways that a defendant may accept that the court has jurisdiction over them and waive (give up)

their right to be properly served.

• If the defendant files a pleading with the court that responds to the plaintiff's complaint; or

• If the defendant does not file a motion to dismiss the case within 30 days of the date when they file an Appearance

(form JD-CL-12) with the court.

The defendant may waive their right to service of process, if the defendant:

• Completes and files the Certification of Waiver of Service of Process - Divorce, Legal Separation,

Annulment, on Page 1 of this form (form JD-FM-249), and

• Completes and files an Appearance (form JD-CL-12)

with the court clerk.

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