Refuses to pick up Certified Divorce Papers


#1

My soon to be ex knows that I filed for divorce and knows that the papers are being held at the post office (certifed mail) and she refuses to pick them up (its a control thing with her- she wanted to have me served and is mad that I filed the papers) - after 15 days they will be sent back (they have already been at the post office for 10 days) to me and then I will have her served at her work because I know she will be there- can she refuse to accept them from the sheriff?

We have been separated for 16 months- we both left the martial home and have moved on but now she said she wants to contest it because I have a girlfriend- what can she contest??? is there anything that can stop the divorce? I don’t understand what she thinks she can do- she is going to see a lawyer tomorrow (Tuesday) I would think the lawyer would tell her to pick up the papers and bring them with her- don’t you?


#2

No, your soon to be ex cannot refuse service by sheriff, if they find her she will be served. Your ex cannot do anything to stop the divorce process, one cannot refuse the process.


#3

but can she contest the divorce? and if so on what grounds?


#4

She can claim that you have not been living separate and apart for the required time period.

That being said, in order for the contesting to be more than spitting upwind, your STBX would require proof that you really were not living separate and apart.


#5

Doing so would be considered perjury, as all court filings in domestic matters must be sworn to.