Why do you serve papers to the spouse if just petitioning the courts?
Why do you serve papers to the spouse if just petitioning the courts for divorce? Because a divorce is a civil court action. You are suing your spouse to end your marriage, which is a civil contract. The divorce is granted based on the petition. How could you NOT sue someone without letting them know? Both parties have a right to representation in any court action. Serving the other party with notice of the lawsuit gives them the notice needed to retain counsel to protect their rights.