You cannot obtain relief against someone until the other party is served. That is required by the due process clauses of the U.S. and PA constitutions. It protects all of us from being deprived of life, liberty, or property without due process of law. In the divorce scenario, the property right is the right to be married and claim any interest in assets or alimony. Due process usually means the filing of some pleading and service upon the other person. Service varies based upon the area of law and residence. As an out of state resident, your husband can be served by certified mail. But, of course, you have to find him first. I usually suggest in such cases that the client hire a private investigator. Simply to locate someone usually costs less than $1,000.
Answered on Mar 07th, 2013 at 8:46 AM