Husband keeps disappearing


#1

Hello,
My husband is filing for divorce. He has no steady address, he is staying with a different friend every night. He is also terminating his parental rights to our 15 month old daughter. Can he still file even though he does not have a steady address? How long does it usually take the Sheriff to serve the papres after filing and how long after they are served do you get a court date? We have no division of property or anything like that. Will we still have to go to court?

Thanks


#2

He can file for divorce. As for service, it depends on the county/workload , usually service is effectuated between 3 and 10 days. A court date can usually be set about 60-90 days from the date of filing. The defendant need not appear in court, however in most counties, the plaintiff will need to appear, especially if he is filing without an attorney.


#3

Ok. Can I file if he has no address? Im pretty sure I know where he is, but the girl he is staying with doesn’t always like to tell me the truth. If the Sheriff goes there, is she obligated to tell them the truth about if he is there or not?


#4

She would not be under oath, but can accept the papers on his behalf.


#5

Does she have to sign anything if she is accepting them? or verbally agree to accept them? or is the Sheriff informing her that I am serving him papers enough to continue to get a court date?


#6

The sheriff will execute the return of service, and that will be sufficient to allow you to get a court date.


#7

Okay, so she won’t have to sign anything? The courthouse told me to call within a week to see if he has been served, so if I call this week and the Sheriff went up to the apartment and informed her that he was being served, they should tell me that he has been served and I can go get a courtdate?


#8

You may contact the clerk to verify service, and when he has been served, may set a court date.