You’ve come to the difficult decision that you need a divorce and have attempted to serve your spouse with divorce papers. In other words, you’ve taken several important steps on the journey forward. If, however, your spouse is actively evading service, it makes the matter that much more complicated. Fortunately, there are steps you can take to thwart such practices, and an experienced Redlands divorce attorney can help.
Common Reasons for Evading Service
Every divorce is unique, but if your spouse is evading service of the divorce papers, they're likely motivated by one of the following:
● They simply don’t want a divorce, and this is their only means of ignoring the issue.
● Their resentment makes them want to actively spite your efforts and make things more difficult for you.
● They are buying time for one reason or another.
● They don’t want to share custody or divide the marital assets.
● They don’t want to pay either child support or alimony.
The fact is that your spouse evading service of divorce papers can make matters more complicated for you, but what it can’t do is make it impossible for you to obtain a divorce, which will happen but will require more careful attention on your part.
Your Attempts to Serve the Divorce Paperwork
If you’ve made several attempts to have your spouse served with the divorce papers, the next step involves having your process server sign an affidavit that speaks to their due diligence in relation to serving your spouse. At this point, you can proceed to court – where you’ll share your failed efforts to serve your spouse with the divorce papers and request an alternate approach. The presiding judge can authorize any of the following options, which can vary depending on whether or not you’re certain of your spouse’s address:
● Having a friend or family member whom your spouse is likely to accept a visit from serve the papers on your behalf
● Sending the divorce papers via certified mail
● Leaving the papers on your spouse’s doorstep
● Hiring a private detective to track down your spouse and serve the papers on them
● Publishing the divorce papers in the local newspaper or through a courthouse bulletin
If your court-approved efforts ultimately prove unsuccessful, the court can proceed with granting you a divorce by default. The same is true if you're able to serve your spouse, but they fail to respond within the required 30 days.
Consult with an Experienced Redlands Divorce Attorney Today
If your spouse is determined to drag out the divorce process and make it as difficult as possible for you, they can do so – to one degree or another. Turn to the trusted divorce attorneys at the Gramling Law Group to skillfully advocate for your parental and financial rights from the outset and to guide your case effectively and efficiently forward. To learn more, please don’t hesitate to call us.
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