Do you have to serve both husband and wife a summons and complaint or can you just serve one or the other?

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Do you have to serve both husband and wife a summons and complaint or can you just serve one or the other?

Asked on June 17, 2009 under Real Estate Law, Washington

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

If you're suing them both, you need to sue them both, although if they are living together, you can serve both of them by serving either one at home, in most states.

There are a number of ways to get good service on someone, and not all of them involve having someone hand that person the papers.  See an attorney in your area for the details of how this works in your state, in the unique factual setting of your case.  One place to find a lawyer is our website, http://attorneypages.com


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