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Can I avoid being served divorce papers?

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sox4supper

Junior Member
What is the name of your state (only U.S. law)? OR

I am in Oregon, my husband is in Maine. We were married and resided in Maine, until I recently left him (last week). My family/entire support network is in Oregon, so thats where I went when I left. We have 1 young child (13 months old). He informed me that he has filed for divorce, and interestingly enough, asked me how I preferred to be served - by Certified mail, or by being served. I would like to avoid being served as I would like to file for divorce in Oregon, but need to be here for 6 months to establish residency. Can I avoid the papers for 6 months? He knows my address. If it IS possible or legal to avoid being served, how do I go about it? Just dont answer the door? Can the person serving papers actually tape them to the door and leave them?

Thanks for any advice.
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? OR

I am in Oregon, my husband is in Maine. We were married and resided in Maine, until I recently left him (last week). My family/entire support network is in Oregon, so thats where I went when I left. We have 1 young child (13 months old). He informed me that he has filed for divorce, and interestingly enough, asked me how I preferred to be served - by Certified mail, or by being served. I would like to avoid being served as I would like to file for divorce in Oregon, but need to be here for 6 months to establish residency. Can I avoid the papers for 6 months? He knows my address. If it IS possible or legal to avoid being served, how do I go about it? Just dont answer the door? Can the person serving papers actually tape them to the door and leave them?

Thanks for any advice.
You absolutely may not try that childish trick and win. He will simply win by default in Maine, and you will lose any chance of custody or even unsupervised visitation with your children.
 

seniorjudge

Senior Member
It makes no difference if you avoid being served.

He will have you served by publication.

The whole lawsuit could be over and you would never know anything about it.
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? OR

I am in Oregon, my husband is in Maine. We were married and resided in Maine, until I recently left him (last week). My family/entire support network is in Oregon, so thats where I went when I left. We have 1 young child (13 months old). He informed me that he has filed for divorce, and interestingly enough, asked me how I preferred to be served - by Certified mail, or by being served. I would like to avoid being served as I would like to file for divorce in Oregon, but need to be here for 6 months to establish residency. Can I avoid the papers for 6 months? He knows my address. If it IS possible or legal to avoid being served, how do I go about it? Just dont answer the door? Can the person serving papers actually tape them to the door and leave them?

Thanks for any advice.
I had a professor in college who did the same thing. You MIGHT get away with it, but if your stbx pays a few hundred dollars for a private investigator to track you down, you'll be hurting even worse than if you cooperate.

With a child involved, he can probably get the local court to immediately give him temporary custody - which is going to really mess you up. You'd have to bring the child back to him right away if he gets such an order or face arrest.

Why do people insist on playing stupid games to try to cheat the system?
 

Bali Hai

Senior Member
I had a professor in college who did the same thing. You MIGHT get away with it, but if your stbx pays a few hundred dollars for a private investigator to track you down, you'll be hurting even worse than if you cooperate.

With a child involved, he can probably get the local court to immediately give him temporary custody - which is going to really mess you up. You'd have to bring the child back to him right away if he gets such an order or face arrest.

Why do people insist on playing stupid games to try to cheat the system?
Because the system deserves it.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? OR

I am in Oregon, my husband is in Maine. We were married and resided in Maine, until I recently left him (last week). My family/entire support network is in Oregon, so thats where I went when I left. We have 1 young child (13 months old). He informed me that he has filed for divorce, and interestingly enough, asked me how I preferred to be served - by Certified mail, or by being served. I would like to avoid being served as I would like to file for divorce in Oregon, but need to be here for 6 months to establish residency. Can I avoid the papers for 6 months? He knows my address. If it IS possible or legal to avoid being served, how do I go about it? Just dont answer the door? Can the person serving papers actually tape them to the door and leave them?

Thanks for any advice.
Avoiding service in some places is a crime. You left him last week -- did you take the child? If so if dad asks for the child to be returned you will most likely BE FORCED to return the child to the child's father. You are being an immature selfish woman. Keep playing those games and you will LOSE custody.
 
It's questions like what she has asked here that prevents me from marrying again. When the women "just aren't quite happy", they do crap like this.

Lady, you better pray to god that you have some good reason to present to the Court in Maine that would prevent the Judge from signing an order that you return your child to him, otherwise, you lose.

You should have been an adult and stayed there for Court proceedings, instead, you chose to put over 3,000 miles between you and the Court you will have to appear in, or face default judgment in each and every thing he files. I hope, for your sake, your family is wealthy. Being rich alone in this case just isn't going to get it.

"I would like to avoid being served as I would like to file for divorce in Oregon, but need to be here for 6 months to establish residency."

You have GOT to be kidding.
 

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