One of the most common questions we as divorce attorneys encounter during the initial stages of a divorce is: "Can I serve the divorce papers on my spouse?" Although, the motivations behind this request vary, from concern over how a spouse may take the news to the desire to see a spouses reaction, many wonder whether it is allowable to personally serve one's spouse with divorce papers. Unfortunately, the short answer to this question is: No.
According to Georgia's Civil Practice Act, which governs certain procedural aspects of lawsuits in Georgia, "Process shall be served by the sheriff of the county where the action is brought or where the defendant is found, or by such sheriff's deputy, or by the marshal or sheriff of the court, or by such official's deputy, or by any citizen of the United States specially appointed by the court for that purpose, or by someone who is not a party and is not younger than 18 years of age and has been appointed as a permanent process server by the court in which the action is brought." O.C.G.A. ยง 9-11-4 (c)(emphasis added).
Although the Civil Practice Act does not permit one spouse to serve the other spouse with the divorce papers, there are several other options for effectuating service of process, including service by sheriff or court appointed private process server.