What should I do if I can't get my spouse served and he refuses to sign the waiver?

Question

I can't get my spouse served because he doesn't have a permanent address. He is around the area, and sometimes sees our children. He refuses to sign the waiver of service. I have an attorney through legal aid, but I think since I am not a paying client she works on my case when convenient. My case will be dismissed in 22 days. Is there anything I can do?

Melvin Franke · Answer

Get a special process server appointed.

George Seide · Answer

Get him personally served.

Steven Alpers · Answer

Talk to your lawyer.  Get a friend to serve him.  If he does not accept the papers drop them at his feet that is good service.

James Weiner · Answer

Have your attorney file a moiton for alternate service and serve him by alternate means.. e.g. posting and publication.

Frances Headley · Answer

You need to look into alternative forms of service and be sure that the court is aware of all of your efforts.  When a party is doing everything they can to effect service the courts are usually understanding.  How long have you been trying to serve him?

Erin Farley · Answer

Have someone personally serve him next time he sees the children - just have the service happen after the visit when the children are not around.

John Kirchner · Answer

You need to talk to your attorney.  If all reasonable efforts to have him served have been made, the court can authorize service by publication.

Annette Sandoval · Answer

You need to do a motion for alternative service and publish to accomplish service.

Dennis P. Mikko · Answer

If your spouse is evading service, your attorney could file a motion with the court seeking an order allowing for substituted service.  The motion woud have to document the attempts made at personal services and the reasons why further attempts would not be successful.  Since the summons will expire shortly, your attorney should also seek an extenstion of the summons.

Cassandra Savoy · Answer

Apply to the court for permission for alternative service.

Loren Zahn · Answer

Unless the petition was filed 3 years ago, it will not be dismissed in 22 days. If you have attempted to serve without success (and if he sees the kids, then have him served then), then service by publication is possible.

Robert De Groot · Answer

You have to arrange for the process server to basically be on call, or get a private process server appointed. Speak with your own attorney about this.

Robert Merlin · Answer

Yes. You can serve him by publication. Talk to your attorney about how to do it.

Dave Hawkins · Answer

There are any number of things you can do to serve him  he doesn't need a permanent address to serve him, all someone need to is hand him the papers the next time he sees the kids. You can also serve him by mail at his last known address with the courts approval. YOu may also extend the time for dismissal by just filing a motion.

Ronee F Korbin Steiner · Answer

Try to arrange for a process server to serve him at one of the exchanges for the kids.  You can also motion for extend your dismissal date in order to have him served.

Cathy Cook · Answer

I'm sure your attorney is doing everything she can to get service.  Unless you can hire a process server to try to catch up with him, this is a difficult thing to accomplish.  If you could get him to come see the children for a particular event, the attorney might be able to get sheriff service, if you can't hire a process server.

Rebecca Rainwater · Answer

How and when does he see the children? If you know he is coming to see the kids have someone 18 or older with them. When he arrives, they had him the papers. He is served.   If you still can't get him served you will need to get order to be allowed to serve by publication.

James Lentz · Answer

First, talk with your attorney about options to postal or personal service.  In Ohio we can serve by putting a notice in the newspaper.  Second, do not knock Legal Aid attorneys.  I volunteer my time with the Legal Aid Society and am proud of my Legal Aid work.

Barbara Peyton · Answer

If you can't get your spouse served, petition the court for permission to serve him by publication.  You will probably need an attorney to help you with this.

Grady Gauthier · Answer

Pay a professional process server.  Ask your attorney for a recommendation of who to use.

Timothy Byrne · Answer

Serve him next time he visits the children

Mark Brown · Answer

Arrange for friend to be present at the next scheduled visitation; and have that friend serve (hand deliver) the legal papers to the father.  Then have the friend sign a Declaration of Service verifying the delivery was made.

Brandon Gardner · Answer

If the process server can't personally serve him after reasonable diligence, then you can file a motion for alternate service which would allow you to serve him in a different fashion i.e. e-mail, first class mail, fixing it to a door, leaving it with a competent person at the address, etc.

Glen Edward Ashman · Answer

Ask your lawyer if you can pay the small cost of a private process server.

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What should I do if I can't get my spouse served and he refuses to sign the waiver?

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