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Can I proceed if the process server wasn’t able to serve him?

October 3, 2017

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.

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