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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-08-2014, 07:45 PM
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Default 7 attempts...divorce order...what is best now?

Hi everyone,

So, after about 7 attempts by a personal service server, was unable to serve the Application for Divorce, the recipient just would not answer the door.

So, I'm thinking the Judge will want to exhaust all available options there are, meaning that most likely the Sheriff is going to be next, right? Does that cost me too?

Also, since I will receive the Affidavit of failure of Service, and I have to go to the Family Court House, what do I have to fill out and say? Does this have to be presented to a Judge first before any further action is taken, such as a Sheriff? Can I bring any knowledge to the Judge according to the mental status of the respondent to have any decisions made?

If the Sheriff fails, then what?

Thanks for all your help!
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Old 04-08-2014, 08:04 PM
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For the divorce to actually proceed, the court will need proof that your spouse was served with the petition. If you have a lawyer handling your divorce, he or she will probably take care of all this for you. If you are doing the paperwork yourself, below is a description on how to serve divorce papers, and how proof of service is obtained:

1. Acceptance of Service: The paperwork is personally delivered to your spouse, by someone over the age of 18 (and not your child). You must get your spouse to sign and date the Acceptance of Service paper to verify that the petition was actually received.

3. First Class Mail, with acknowledgement: The petition can be mailed, along with an acknowledgment form that your spouse will need to sign, date, and return. If it's not returned by the specified period, you will need to use another method of service.

3. Certified mail, return receipt requested: Serving divorce papers this way requires that your spouse sign a paper that is attached to the envelope when he receives the petition in the mail. This “return receipt” is then mailed back to you after it is signed, and will serve as proof of service.

4. Personal Service by Sheriff or process server: You can hire a Sheriff or professional process server to deliver your divorce petition. A proof of service form will be filled out by the person serving the petition, which will then be filed with the court.

5. By Publication: When all other methods fail, the court will allow service to be made by publication. This involves announcing the divorce petition in a newspaper where your spouse is likely to be living for a specified amount of time. You will need to return a copy of the newspaper notice, with a statement for how long the notice ran, to the court for proof of service.
Copied from WomansDivorce.com. Read more at: How To Serve Divorce Papers
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Old 04-08-2014, 08:09 PM
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That's interesting. I didn't know about the "publication" part.

So I guess your next move is to put an advertisement in the local newspaper?

Any idea why the other side won't accept service?
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Old 04-08-2014, 08:10 PM
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Likely figures if she doesn't accept it that it won't go on without her. However, he can post the publication to serve her and go ahead and file ex-parte if necessary.
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Old 04-08-2014, 10:23 PM
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So, after I receive the undeliverable Affidavit of Service form a Personal Service server, I should make the announcement public in the papers? How do I post this or request this of the court to hold any baring to get this to go through?
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Old 04-08-2014, 11:24 PM
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I think you would have to contact FLIC and find out what forms you would need to apply to the court.
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Old 04-11-2014, 04:23 PM
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If you are a self rep and have the time, you could bring a procedural motion to ask for:

1. That the Application for divorce be served by substituted service, with said service to occur by registered mail to the Respondent at address;

2. In the alternative, for direction from the judge on what steps to take to effect substituted service.

Affidavit supporting the motion would include the failed service, any proof you have they live there (phone book, anyone?), e-mails you sent them, registered letters to their work and home, etc.

Hopefully you are asking for costs.
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