I filed for divorce about a week ago, I paid to have a sheferiff serve him the paper work. I got it all back in the mail yesturday sayting he moved to a different city and his lawyer would take service. Am I legally obligated to give those papers to his lawyer/him after I already paid to have them served to him? This guy is a serious ******. He's got arrest warrents, restraining orders, restraining/probation violations, I'm trying to everything I can to keep him away from myself and my daughter, I don't have to get those papers to him after already attemping to give them to him, do I? I know MORALLY it would be wrong but...can't I say "well I tried" if I'm asked by a judge or someone?
2006-10-20 03:15:13 · 11 answers · asked by walkinbyfaith7 3 in Politics & Government ➔ Law & Ethics
P.S I don't have a lawyer as of this moment
2006-10-20 03:21:22 · update #1
No, he never got the papers, the SHERIFF's office returned them to me, I assume he is now out of their jurisdiction and that's why they weren't sent back to me. All I'm really asking is that I did my part in filing and having the papers served to him. I shouldn't have to do anything else right? And I'm getting a lawyer, I have no desire to pay thousands of dollars right now if my ex is just going to keep moving around. Our first court meeting is on the 2nd, if he doesn't show up there things will look good in my part. If he does show up somehow, and he starts fighting my requests, then, only THEN will I consider getting a lawyer. I can't explain all the details of the case, but I have enough hard evidence that a judge would be stupid insane and I would seriously question his law/ethical education..to let this...thing anywhere me or my daughter. I'm only asking if you think I have done my part in filing/serving and shouldn't have to do anything else..
2006-10-20 06:13:03 · update #2
tell the court that you tryed to serve ...show then the receipt from the attempt .......... in my cause when i devourced my first husband and he hid from the service they allowed me to serve them on his parents........ there are always ways around it but you still have to go to court if its your daughter that you are trying to protect or he can just come and take her without papers removing his rights
2006-10-20 03:50:19 · answer #1 · answered by teneesha2003 2 · 0⤊ 0⤋
You hang tight and ride this one out by not over re-acting such as wanting immediate results. What is MORALLY wrong about what you are doing? Talk to your lawyer and tell him about the papers coming back because he could not be served. Discuss with your lawyer about giving the papers to his lawyer. He will have all the answers that you are going to need. Just calm down, or you could end up spending a few thousand dollars like I did trying to find my ex to serve him. He finally came around and filed the divorce in the state where he was. Do not do anything to cause your husband to have additonal reasons for not wanting the divorce out of spite. Just take your time so you will be able to make rational decisions.
2006-10-20 03:38:10 · answer #2 · answered by Sparkles 7 · 1⤊ 0⤋
You have to prove to the court that he was served, either personally, or in some states you can do it by certified mail. If his lawyer will accept service, then you can do it that way. You must have the appropriate proof of serving your spouse before you can file for a default.
Different states do have different laws regarding serving your spouse.
2006-10-20 14:58:58 · answer #3 · answered by divorce_services 1 · 0⤊ 0⤋
Lawyers can accept service for their clients if authorized to do so. Call his lawyer. Confirm he is willing to accept service & will file an answer. If so, serve the lawyer & wait for the answer. If he's not willing to file an answer you'll have to serve in the manner provided by law for absent or missing spouses. Every state's procedure is different. An attorney will get it all done for you.
2006-10-20 03:29:32 · answer #4 · answered by Anonymous · 1⤊ 0⤋
You can send a registered letter--if he signs for it--he's been served. You could give them to his probation officer and ask that he serve them for you. You might try sending a registered letter in care of his employer if you know who that is. You paid the sheriff to attempt service--in our county the officer makes 3 attempts at the last known address-since he moved (probably out of their jurisdiction).
2006-10-20 03:38:13 · answer #5 · answered by Cherie 6 · 0⤊ 0⤋
what does your lawyer say? Get some good legal advice on this. If you cannot afford a lawyer, there are many legal aid societies that can offer very low cost advise.
2006-10-20 03:19:45 · answer #6 · answered by Emme 4 · 0⤊ 0⤋
That's a question for your lawyer. He / she can tell you that. But, in the end, why not send (by mail and by far cheaper than a sheriff) in a registered mail envelope to his lawyer and let him deal with your ex.
2006-10-20 03:19:14 · answer #7 · answered by GirlinNB 6 · 3⤊ 0⤋
If you don't know where he is at you can still file them with the courts and you will still be granted a divorce. If you know where he is at I suggest you call the police and tell them about the warrants and then you can serve him in jail.
2006-10-20 03:18:10 · answer #8 · answered by ;-) 1 · 2⤊ 0⤋
My divorce cost $8000, so because it extremely is extremely not undesirable. Get a lawyer, they are going to cope with each thing. It sucks and it will worsen for awhile, once you spot the petty crap that is going on. My basically suggestion is save actual stable archives with the time you call/talk or spend which includes your lawyer. whilst he provides the itemized invoice, you are able to no longer have faith that as quickly as you have been merely casually complaining approximately something, it merely cost you $2 hundred. i wish the two one among you, you ought to do the excellent to your son. attempt to no longer undesirable mouth one yet another (it gets complicated no longer too). the 1st twelve months after my divorce grew to become into extremely tensed. I have been given finished custody of my daughter and honestly had to get a restraining order on my spouse she grew to become into making calls to my artwork, stalking us, and so on. issues are a splash greater effective now, and in time you eventually comprehend, its stupid to argue and persevering with to break one yet another. stable success, email me in case you have the different questions that i could be waiting to help with.
2016-11-24 19:41:10 · answer #9 · answered by Anonymous · 0⤊ 0⤋
yes you can, but you need to talk to your lawyer, especially if you want to keep him from your daughter.
2006-10-20 03:18:05 · answer #10 · answered by bbydol221 2 · 0⤊ 0⤋