Tuesday, September 18, 2012

WHAT HAPPENS IF I DON'T HAVE THE CURRENT ADDRESS TO SERVE SOMEBODY?

QUESTION: I need to serve someone and don't have a current address for them. Do I go to the last known address and serve whoever is there or do I not try to serve the papers at all?

MY RESPONSE: You need to serve the person who is to be served. I assume that you are referring to a spouse to be served in a divorce case. If you can't locate your spouse for purposes of service, you would best retain an experienced Family Law Attorney, who would have the resources available to have a due diligence search performed in an effort to locate your spouse, and if unable to locate your spouse, who would be able to apply for an obtain an Order for Publication of Summons, to enable your spouse to be served by Publication.

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