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I am filing for divorce from my husband. We have no children, no property. He's avoiding service. What's the next step?
Anonymous9 views5 answers
I paid to have him served through the constable but he won't answer the door or phone. He's purposely avoiding getting served. My court date is August 31st and I don't know what my next step is in trying to get him served. I know I have to have a lot of documentation for the court, but I know he won't show up for court either.
The attorneys who have suggested substituted service are correct. You can, if you have a sworn affidavit from the process server, file a motion and get an order from the court allowing some sort of alternative service. This will involve a filing and, likely, a hearing before the court. I can tell you from personal experience that Judges do not like to proceed in a divorce without personal service. If you think a private process server would be able to personally serve your husband, give that a try before substituted service.
