QUESTION
How does one serve divorce papers when spouse will not give local address and his attorney will not accept papers?
Asked on Mar 13th, 2014 on Divorce - Florida
More details to this question:
My husband has been arraigned for felony child abuse and misdemeanor battery and his court hearing is 3/28. I was evicted from my home due to his not paying any child support, but my parents came thru and helped me with an apartment. My lawyer tried to serve divorce papers via email ( his lawyer initially agreed), but now they will only take personal delivered papers. I do not know where he lives, just know he has apartment in town. He has supervised visits on Sunday with my other two children at a center. Can he be served there? I know this is a stalling game and he is trying to not get the papers so he does not have to pay child support What does one do?
5 ANSWERS
John Arthur Smitten
He can be served at the center if they allow it, or in the alternative you can pay for a skip trace to try to locate him and get him served.
Answered on Mar 17th, 2014 at 9:44 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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He may be served on Sunday. Consider changing atty, why can't he find address?
Answered on Mar 14th, 2014 at 1:57 PM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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An experienced family law attorney, as well as an experienced process server, encounter this situation regularly, and know how to handle this. You should be concerned if your attorney and process server do not. In Florida, you cannot serve a person with a lawsuit in any type of case on a Sunday, so you will not be able to serve him when he has his supervised visit if it is on a Sunday. Since you know he has an upcoming court date, you can serve him there, if he appears for it.
Answered on Mar 14th, 2014 at 10:34 AM
You might consider having him served in Court, or just outside the Courtroom. Your process server, or Sheriff, will know what to do.
Answered on Mar 14th, 2014 at 9:36 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Your attorney will handle getting him served.
Answered on Mar 14th, 2014 at 8:47 AM