What if My Spouse Evades Service of the Divorce Papers?

Part of the divorce process involves serving your spouse divorce papers. Unfortunately, not all spouses make it easy to be served these papers, which can make the situation a little more complicated. The good news is that your spouse cannot prevent you from dissolving your marriage simply by avoiding the service of divorce papers.

Getting Divorced When Your Spouse Avoids Divorce Papers

It is a myth that, if you cannot serve your spouse divorce papers, the court will not proceed with your petition for divorce. The court will need proof that your spouse could not reasonably be served in person or by mail. You may also have to do a search of databases, for which you might need to hire a private investigator.

If the court is satisfied that your spouse cannot reasonably be served in person or by mail, you may be required to publish the summons in a newspaper or, if your spouse lives in another state, in a named paper outside of your state. If, after 4 consecutive weeks of publishing the summons, your spouse cannot be reached, the service will be considered complete on the final day of publication.

After the service is complete, the court will consider your spouse served. If your spouse does not respond within 30 days, you can pursue a default divorce, which will not require the participation of your spouse to move forward. Ultimately, a default judgment is for whatever is asked by the petitioner within reason.

Speak to an Experienced Divorce Attorney About Your Case Today!

Even if you cannot serve your spouse divorce papers, nothing can stop you from ending your marriage if that is what you wish to pursue. At Kay Polk, Attorney at Law, our family law attorney is committed to guiding clients through the divorce process. Regardless if you can reach or locate your spouse, our team will help you dissolve your marriage, so you can move onto the next chapter in your life. We have been helping clients since 2000 and would be honored to provide the personalized attention you deserve.

Reach out to our law firm today at (713) 234-6260 to set up an initial case review with our attorney to learn more about what we can do to assist you.