Lawyer says she can't file for divorce


#1

I was suppose to file in June. STBX was kicked out the house in May. He refused to give an address. The lawyer did an address search, it came up blank. She emailed him the papers to sign in front of a notary, he didn’t. On Oct an ad was placed in the paper. She called yesterday asking when he got the kids. He got them maybe once a month aug, sept and oct. Now she is saying she probably can’t file since I saw him and that I need to hire a private eye to have him served. I paid for him to be served via paper. I’m so upset this was supposed to be over next month. She claims she will research and call me Monday. What can I do?


#2

I’ll tell you how to possibly do it yourself and save your attorney time and you money.
First try the DMV. Then try your/his county tax site, everyone pays taxes on their vehicle and unless you’re getting the bill it’s being sent somewhere and it has a current address. Next try spokeo.com, you may get lucky there but it is not always updated on time. Then try publicdata.com, if he’s had any recent traffic violations it will show a new address(if he’s changed it).

I hate to suggest this, but it’s a shot, ask the kids where he took them, they may give you a general idea of where he is. If he has family, have someone close keep an eye out for him. Being the holidays you may get lucky and be able to have him served. Sucks to get served on a holiday, but hey!

Another choice, next time he’s scheduled to pick up the kids have sheriff and papers waiting on him.

Keep a copy of your papers handy and a witness, or your cell phone if it has a camera, hand him the papers and SNAP! or someone to stand up and say yup he knew.

The attorney’s here would have to answer your other question cause that I don’t know, I can only give you ideas on how to find his address.


#3

So a picture of him receiving the papers will do? He doesn’t have to sign anything? Can I have someone sign that they saw him receive the papers or that they gave him the papers?


#4

A picture of him receiving the papers is not sufficient to prove service. I suggest you have your lawyer serve him by sheriff (the sheriff’s department can serve him via telephone).


#5

I’m going to have the attorney send me the paperwork. She says he can’t be served via telephone by sheriff so I will have to call them to find out the process.

She sent me some paperwork that he could sign before a notary to move forward with the divorce is that what he needs to be served?
(Acceptance of Services and the Summons and Complaint)


#6

If he signs the acceptance of service before a notary that will be sufficient for service and the action can proceed.