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  • #16
    The loop hole might stand if he refused further contact, and said to send it to that address. But regardless I think I have tracked him down, it's all a matter of paperwork now and time.

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    • #17
      No it doesn't stand, I checked. My ex would make no contact with the kids at all, provided no new address and no phone number. I had even tried leaving messages on the voicemail of people that I knew he was in steady contact with stating that we did not have his information & to request that he make contact to give it to us - with no response.
      You have to serve the papers correctly & legally. Just by filling out the forms, forking over the cash & plopping them in the mail at his 'last known address' is incorrect, and the court will tell you as such.

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      • #18
        according to him it's his current legal address, but since he's not allowed in the States anymore he has the mail forwarded. I checked it has to be his current legal address and that's what he willingly provided, I have to take his word for it otherwise I'd be calling him a liar and I can't do that without proof can I.

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        • #19
          But you already know for a fact that he's not living there, which means that you would be lying to begin with.
          The papers must be served on him personally unless you cannot find him.
          As far as the court sees it, you should contact any of his friends, relatives or employers that might know where he is to see if they can put you in touch. You should also try to contact him at his last known address.

          If these avenues fail then you put the results of these inquiries in an affidavit and you to swear to the truth of the information in the affidavit in front of a lawyer or court clerk or the like and file it with the courts. You will need to make an application to a judge for directions about what to do next to try to bring the divorce proceedings the ex’s attention. The judge will want to see from the contents of your affidavit that you made a genuine effort to locate him. The judge might do away with any need to get the petition to the ex or he or she might order that you mail a copy to the ex’s last known address but most likely to advertise a notice of the petition in the local newspaper in the community where the ex was last known to have been and as I said previously, there is a length it has to run for and a waiting period after.<o></o>

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