Husband avoiding service of divorce papers.

[P_Mills]

What is the name of your state? TX
I have filed my petition and paid to have papers served to my ex. He succesfully avoided being served. I talked to a lawyer form Legal Aid he said if I can get a copy of his utility bill or something else proving he lives at his house the papers can be posted on his door. I talked to the utility company and they said they can't give me anything because he told them he was sepereated and he didn't want them to share his info. with me. I really just need to have the papers served to him. I don't have a lot of money. I'm probably going to have to hire a lawyer but I'm wondering is he/she just going to tell me to hire a private invesigator or process server to get this info. or have him served. Should I just go hire a P.I. or process server since I can do the rest myself? Any suggestions?

[weenor]

Originally Posted by P_Mills

What is the name of your state? TX
I have filed my petition and paid to have papers served to my ex. He succesfully avoided being served. I talked to a lawyer form Legal Aid he said if I can get a copy of his utility bill or something else proving he lives at his house the papers can be posted on his door. I talked to the utility company and they said they can't give me anything because he told them he was sepereated and he didn't want them to share his info. with me. I really just need to have the papers served to him. I don't have a lot of money. I'm probably going to have to hire a lawyer but I'm wondering is he/she just going to tell me to hire a private invesigator or process server to get this info. or have him served. Should I just go hire a P.I. or process server since I can do the rest myself? Any suggestions?

If you can locate him get a process server. Make sure you document any attempts to get him served. Once you have tried everything you can- check your state's rules for service by publication.

[ceara19]

Originally Posted by P_Mills

What is the name of your state? TX
I have filed my petition and paid to have papers served to my ex. He succesfully avoided being served. I talked to a lawyer form Legal Aid he said if I can get a copy of his utility bill or something else proving he lives at his house the papers can be posted on his door. I talked to the utility company and they said they can't give me anything because he told them he was sepereated and he didn't want them to share his info. with me. I really just need to have the papers served to him. I don't have a lot of money. I'm probably going to have to hire a lawyer but I'm wondering is he/she just going to tell me to hire a private invesigator or process server to get this info. or have him served. Should I just go hire a P.I. or process server since I can do the rest myself? Any suggestions?

Don't waste alot of money on PI's to track him down. You only have to show that you have made a "good faith effort" to find him and that you have exhusted all resources. That means you have tried to find him by looking in all the places he would normally be and places that evidence suggests he could be. It doesn't mean you have to dispatch a search party to search the ends of the earth.

[P_Mills]

I do know where he lives. I have to either prove he is living there or have him served. I'm having a hard time doing either. He has avoided process and his utility co. won't give me anything to prove he is paying the bills there.My question was should I bother paying for a lawyer, that I can't afford, who is just going to tell me to hire someone else to get this info. I'm on a very limited budget. I had to quit my job and move because he was physicaly abusive. I have looked into it and it's going to cost a lot just for the process server to open a file on him to prove he is living there. Service by Publication is very expensive and complicated. If I went that route it's going to take me a very long time since I don't have a lot of money.

[ICUB4ER]

This may sound gross, but it will get you what you need.....Call your local law enforcement and ask them if dumpster diving is legal in your area. If so, wait until he puts his garbage can out to be picked up then go search through it for anything addressed to him at that address.

[P_Mills]

Originally Posted by ICUB4ER

This may sound gross, but it will get you what you need.....Call your local law enforcement and ask them if dumpster diving is legal in your area. If so, wait until he puts his garbage can out to be picked up then go search through it for anything addressed to him at that address.

I have actually thought of that. I watch CSI and they say that trash on the street is public property. I don't know if that just works for cops and if it is the same in Kansas. The other problem is I live in Austin, TX and he lives in Wichita, KS. Maybee I could find out what day the trash is picked up at his address and drive up there. I'm not sure how practical that would be.

[ICUB4ER]

I may be able to help you out on that. I live in Wichita and dumpster diving IS legal here. If you want to, PM me with his address and we can take it from there.

[P_Mills]

Originally Posted by P_Mills

What is the name of your state? TX
I have filed my petition and paid to have papers served to my ex. He succesfully avoided being served. I talked to a lawyer form Legal Aid he said if I can get a copy of his utility bill or something else proving he lives at his house the papers can be posted on his door. I talked to the utility company and they said they can't give me anything because he told them he was sepereated and he didn't want them to share his info. with me. I really just need to have the papers served to him. I don't have a lot of money. I'm probably going to have to hire a lawyer but I'm wondering is he/she just going to tell me to hire a private invesigator or process server to get this info. or have him served. Should I just go hire a P.I. or process server since I can do the rest myself? Any suggestions?

Do I have the right to get information from his utility company since I am still married to him. Will I be liable for his bills?

[nextwife]

What about serving him at work?

[P_Mills]

Originally Posted by nextwife

What about serving him at work?

I have the name of the company he works for and I looked it up in the yahoo yellow pages and gave it to the sherrifs dept. when i tried to have him served but they said they couldn't locate him. I'm not completly sure if I gave them the right address and I get the feeling they didn't try very hard to serve him. I was hoping a process server might try a little harder. I feel like I am just sending them money and I don't know what they are doing to try to get the papers to him.

[ceara19]

Originally Posted by P_Mills

I have the name of the company he works for and I looked it up in the yahoo yellow pages and gave it to the sherrifs dept. when i tried to have him served but they said they couldn't locate him. I'm not completly sure if I gave them the right address and I get the feeling they didn't try very hard to serve him. I was hoping a process server might try a little harder. I feel like I am just sending them money and I don't know what they are doing to try to get the papers to him.

Did you get written proof from the sheriff's department that they attempted to serve him at home and work? Have you tried serving him via certified mail?
If you have proof of these, the judge will probably let you notify by publication. You'd have to put the notice in your local paper and his and then he would a certain length of time to respond (I pretty sure it's 20 days from the first Monday after the notice is first published).

Since you have his address and are making an honest effort to serve him, most counties will go ahead and okay the NBP, especially since he is actively trying to avoid being served.

[P_Mills]

I do have the paper work they sent back saying they couldn't serve the papers. I read that because he is out of state I can't send the papers certified mail and that I have to have him served. Does anyone know if this is true? I've also read and been told notification by publication is costly and a lot more difficult then it sounds.

[ceara19]

Originally Posted by P_Mills

I do have the paper work they sent back saying they couldn't serve the papers. I read that because he is out of state I can't send the papers certified mail and that I have to have him served. Does anyone know if this is true? I've also read and been told notification by publication is costly and a lot more difficult then it sounds.

I'm in Texas also and have never heard that, but it may be a guideline that was set by your county. The easiest way to find out is just to call your district clerks office and ask. The cost for notification by publication comes from trying to have him served in person, usually multiple times and the cost of the ads, which varies greatly with each newspaper.

[P_Mills]

I had read that in a book that shows you how to do your own divorce in TX. I also asked a lawyer about it and he just told me to hire a process server. I never really asked the District Clerk. So I just called and they said I could send the papers certified mail with a citation if I do it through there office. I hope this works. It will save me a lot of time and money. Thanks.

[ceara19]

You're welcome. I hope it works for you.