I want to serve my husband with divorce papers but i don't know where he lives - another state than me. I know he will be in court for trial against him on a specific date, time, and address of the courthouse. Can I have him served there? if so, how?
2006-08-23 06:53:38 · 17 answers · asked by Terri F 1 in Family & Relationships ➔ Marriage & Divorce
Yes, if you know where he will be, you can have him served there. The problem is that the court date may change and then, he won't actually be there. And, an out-of-state service might be expensive. Your attorney will have to arrange it. The laws vary from state to state. Look up yours at the link below.
It might be easier to pretend that you don't know about this trial. He left and hasn't told you where he is. Technically, he has abandoned you. You can sue for divorce on that basis, run a few ads in the paper, and when he doesn't answer the suit, you win by default. Just a thought.
2006-08-23 06:59:19 · answer #1 · answered by Otis F 7 · 2⤊ 0⤋
you can have it sent by you attorney Certified/Registered Mail, with a Return receipt (go to the post office). If he has another case against him in a court in another state, YES, you can request that the Sheriff or Deputy SERVE him with the papers for the Divorce at the time of the other case -- and it can be done. BUT ... your attorney in the Divorce SHOULD be able to help set this up and it needs to be done ahead of time in order for the Papers to be served.
2006-08-23 06:59:13 · answer #2 · answered by sglmom 7 · 0⤊ 0⤋
In my state if my husband was absent I would have to mail the papers to his last known address. I would file the divorce papers and from the day I filed they would give him a certain amount of time (longer than if he was in state) before the court date was set. Then you would still get the divorce whether he shows up or not. I would contact the local court
2006-08-23 07:00:22 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You can have the papers served at the court house where he will be for trial. Ask you lawyer how to do it and have a server serve the papers and that's it.
2006-08-23 07:00:39 · answer #4 · answered by kitcat 6 · 0⤊ 0⤋
Call the Sheriff's office in the county he lives in.
Ask for the Civil Division. Find out if they serve private orders. If they don't, ask your attorney or legal aid to find you a process server to track your spouse down and serve him. Good luck.
2006-08-23 06:59:48 · answer #5 · answered by soxrcat 6 · 1⤊ 0⤋
Have him served at the last known address.
If he doesn't get the papers and you have done your due diligence to find him and you cannot.
Its a default, Presto.. you get everything you ask for in the petition and he defaults for not responding within the time limit the court allows.
BE HAPPY YOU CANT FIND HIM!
2006-08-27 07:00:55 · answer #6 · answered by Little Bit the Ferret 3 · 0⤊ 0⤋
The sheriff can serve him there, or you can hire a process server through the courthouse.
2006-08-23 06:56:06 · answer #7 · answered by Michele H 1 · 1⤊ 0⤋
Of this I cannot be certain. If he shows I would imagine that the prosecuting attorney or District Attorney might help you. He might however ask for an extension if he cannot be there.Don't you have your own Lawyer to ask about this? Do you have Legal Aid? How about Federal Express?
2006-08-23 07:12:58 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes you can have him served there, but it has to be done by a 3rd party in some states.
2006-08-23 06:56:40 · answer #9 · answered by Tyler Durdin 3 · 0⤊ 0⤋
Yes, call the sheriffs department or whichever law enforcement branch does the serving in your area and tell them when and where to find him and they will serve him.
2006-08-23 06:57:00 · answer #10 · answered by Stephanie D 2 · 1⤊ 0⤋