Can I proceed if the process server wasn’t able to serve him?
When you make the decision to leave your husband, you make the decision to end your marriage. You might not file for divorce right away, or you might file immediately. You might even make the decision to end your marriage because your spouse took off and never came home. The process involves filing divorce paperwork with the local courthouse, and a process server then takes the divorce paperwork to your husband in a process calling being served. This is when the process server presents your husband with the paperwork outlining your divorce.
It’s a necessary part of the process. You must file this paperwork for your divorce to begin, but sometimes there are issues with this. Sometimes your spouse takes off and no one knows where he is, and you can’t serve him. That’s when people begin to question what happens and how they can proceed with their divorce.
Can I divorce him if he can’t be found?
If the process server cannot find your husband to serve him with divorce papers, you might wonder what is going to happen next. This can be a confusing situation, and it’s not always something you know how to handle. The simple truth is that you can’t go through with your divorce as quickly. Now you have to go through the process of filing for divorce using a different method.
You can do this by publishing the divorce announcement in the local newspaper. Every county is different in regards to the specific rules for this, but the process is similar throughout the states. The purpose of this is to make sure you notify your spouse of the divorce even if you cannot find him or her. You aren’t legally required to stay married to someone who can’t be found, but you must make every effort to find him and let him know what you’re doing.
There might be some time specifications involved in this process depending on where you live, and it might be something you have to do on your own. You might also find you can speed up the process by asking the court to allow you to file a Substitute Service, which means the process server takes the divorce papers to someone else.
This might be your husband’s mother, father, siblings, boss, or someone close to him who can find him and potentially hand him this paperwork. It’s not always allowed in every area, but it’s a possibility you won’t know until you ask.
Call an Attorney
There are several reasons someone might not want to be found or can be found when it’s time to file for a divorce, and it’s up to you to decide what you want to do next. You will get divorced, but you might not get that right away. It’s helpful to call a divorce attorney to help you through this issue by filing the necessary paperwork and handling the legal issues on your behalf. It’s not something you have to worry about when you have an experienced attorney to help you through the process.
Calling an attorney can help you file for divorce faster when your spouse isn’t served. You aren’t required to hire an attorney, but it’s often helpful in a situation such as this. You want a divorce, and your attorney can help you make that happen faster.
What happens after divorce papers are served?
Once you’ve taken the big step of filing for divorce or you’ve received divorce papers from the other side, you might wonder what happens next. Filing divorce papers and serving them is only the first step. It doesn’t mean that you’re divorced. There are a lot of things that happen between now and when your divorce becomes final.
If you’ve served the divorce papers, the other side has a chance to respond to them. Their response allows them to state their position and make demands. They might agree with you on parts of the divorce, or they might disagree. If they don’t file a reply, they may lose the chance to participate in the divorce proceedings.
Once you serve divorce papers, the court should issue what’s called an automatic stay. This is a court order that prevents either side from hiding or spending marital assets in order to avoid having to give the other side their share. It’s also the time for you to work with your attorney on building your case.
You may need to prepare and issue subpoenas. You may want to notice depositions. There are ways that you can order the other side to produce copies of records. If you have a family business, you may need to have it valued and do an accounting. All of these things take place in the time after divorce papers are served. In most cases, you can file a request for judicial intervention 30 days after you file a complaint. This request allows the court to establish a formal timeline for conducting discovery.
After you serve divorce papers, one of the parties to the divorce might ask the court to establish temporary orders. These are orders that can be in place while you wait for the divorce to become final. A temporary order might make an arrangement for child custody and parenting time. It might provide for temporary alimony in the event that there’s a disparity in incomes and one of the spouses needs help financially.
Finally, after you serve divorce papers, you can work on trying to resolve the case. This usually doesn’t happen immediately after you serve divorce papers. Instead, the parties work to build the case in order to have a complete and accurate picture of the assets and debts in the case. Once the parties conduct discovery, they’re able to negotiate a resolution. However, you’re free to discuss the case and pursue a resolution at any time.
In the time after you serve or receive divorce papers, you can begin to prepare your case. You can compile copies of your financial records, deeds to property, titles to vehicles and boats and other evidence. You can make a list of all of the assets and debts that you have and gather evidence to document the value of each item.
For child custody issues, you can begin working with your attorney on ways to prove your case. That might mean speaking with a child’s teachers or arranging for a psychologist to evaluate the children. You may need to gather evidence of the other parent’s violence or substance abuse problems. The time after you serve divorce papers is the time to reply to the complaint, build your case and begin thinking about the results you’d like to achieve in the case.