How do you serve divorce papers on a spouse who has active warrants and can't be found? He's also an ex felon

Question

He is an ex felon. He has active arrest warrants for personal check fraud and grand theft. Because the police are active looking for him, he obviously doesn't want to be found.

Answer 1

Get legal counseling on this one. You may be able to divorce him without his signature due to the fact that you do not know where he is since he is running from the law. I believe it has to be about a that you do not know where he is or heard from him. Speak to a lawyer, you can get a free consultation on this.

Answer 2

Laws contemplate situations like this. They vary from state to state, but must probably you will have to send copies of the divorce papers through certified mail to the last known addresses of your spouse. Have someone different than you try to serve them personally and provide a sworn statement as to the fact that the person can not be found.

With these two attempts proved, the Judge can authorize you to post your claims in the newspapers giving your spouse some time to answer. After all that is done, then the courts can see the case in absentia, and grant you the remedy you seek.

As for your state please contact legal aid or your trusted attorney at law.

Answer 3

Well... Dizziblonde ! I understand its painful to undergo a phase in life while deciding to divorce. Anyway, if u have decided for it, then must engage a COMPETANT lawyer and I repeat - a COMPETANT Lawyer.
In legal matters, the capabilities and professional acumen of the advocate plays very vital role. So be careful while deciding for an advocate.
When you engage one, the subject of your question would be his problem to handle adequately. I dont know the details of your matter, but still for your information, there is proper procedure laid down by law for the service of summons in civil cases including divorce cases. When the person concerned is not available at the address, there are provisions for affixation of summons on the door and of even 'Munadi' and publication of notice in newspaper etc. So u need not worry about that. If he or any advocate on his behalf dont appear in court even then, the ex-party proceedings are initiated by the court i.e. the court proceeds in his absence.

I hope your name is not appearing as co-accused with your hubby in the criminal cases you have mentioned. I cant resist writing that I hope your decision for divorce is not solely due to your husband's involvement in some criminal cases. If that is the only reason , then must make sure whether he is really guilty or not because often people are implicated in false cases also.

I may be able to give you more insight into both criminal and civil law / procerdure, provided that I know the details.

All the best for an early settlement - whatever you may finally decide ! and face ups and downs of life with boldness and courage !

And Yes ! Do guess my profession and then you would be welcome on yahoo msgr at - [e-mail]

Answer 4

All you can do is give your lawyer the latest address you have. They will take it from there. If he cannot be found - after a period of time a legal notice will be filed in your local newspaper. He will have so many days to respond to the complaint. If he doesn't - which doesn't sound like he will - the divorce will be finalized without his signature. When my daughter worked as a lawyer at the legal aid clinic - this happened all the time. It is not as unusual as you think.

Answer 5

umm...you can't serve the actual papers if he can't be found. However, check your local laws, you may be able to publish an ad in the papers stating that proceedings will commence on such and such a date in such and such location. If he does not respond to this notice, then the court will act on his behalf and assume he is not contesting the action. But, it depends on your local laws. I know it can be done here for that exact reason, providing you have exhausted every other avenue to find him.

Answer 6

if you want a divorce then you need to get an lawyer or some one to give him the papers however if he is running then you may want to go a head and turn him in it will be for his own good and he can get this problem out of the way

Answer 7

you turn it over to an agency that serves people usual you can find one through the court for cheap once (THEY) have made all proper attempts you will be granted your divorce and nothing he can do to fight it. the refrence to (THEY) meaning a legal agency that is credible and approved by the courts. becuase they will fill out the proper affidavit stating that they exhuasted all efforts to contact him. very simple and clean call the cleck of courts they will direct you to a serving agency. good luck and please choose wiser lol

Answer 8

Don't worry about finding him. You can run an ad in the paper. You attorney should know how long for your state. Good luck!

Answer 9

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RE :How do you serve divorce papers on a spouse who has active warrants and can't be found? He's also an ex felon
He is an ex felon. He has active arrest warrants for personal check fraud and grand theft. Because the police are active looking for him, he obviously doesn't want to be found.
Follow 9 answers

Answer 10

well i would turn the paper work in to the state trooper then when this guy is found they well serve him the paper work