Serving my wife with petition for divorce

[cm2976]

What is the name of your state? Oklahoma

I have been trying to have my wife served with the petition for divorce, I have hired a process server and a bounty hunter (a friend of mine) in order to find her. She keeps running and hiding. I have been advised to not go for a default divorce (newspaper filing for 21 days)since she could come back years later and contest it, what is my next step? Is there anyway to show the judge that I am unable to get her served and get the divorce granted?

[SHORTY LONG]

Have you spoken with your locale Sheriff's Department?

[cm2976]

I have they told me the person I spoke with advised that between the process server and the bounty hunter, there would not be any more that they could do. Is this incorrect?

[LdiJ]

Originally Posted by cm2976

I have they told me the person I spoke with advised that between the process server and the bounty hunter, there would not be any more that they could do. Is this incorrect?

I certainly can't think of anything else that could be done...Unless perhaps you would know when she would be at a certain place at a certain time...and could tip off the process server.

[cm2976]

Given that if I am unable to find her what are the down sides to filing it in the newspaper for 21 days and getting a default divorce. Can she in fact contest it years down the road?

[LdiJ]

Originally Posted by cm2976

Given that if I am unable to find her what are the down sides to filing it in the newspaper for 21 days and getting a default divorce. Can she in fact contest it years down the road?

She would have a certain amount of time to contest it...that amount varies by state, and I don't know what the time frame is for OK.

What kind of marital assets exist and are children involved? If children are involved where are the children?

[cm2976]

We have a house which is being sold and a ford explorer that she gave back to me because she could not afford it. No children. No retirement, no stocks, no savings, etc

[LdiJ]

Originally Posted by cm2976

We have a house which is being sold and a ford explorer that she gave back to me because she could not afford it. No children. No retirement, no stocks, no savings, etc

As long as you intend to properly divide any equity in the house, I see nothing wrong or dangerous with you serving her by publication.....as long as she gets her fair share of the house (assuming that its not offset by marital debt) there would be nothing for her to contest.

Where it gets tricky is that normally you would need her signature on a quit claim deed to close a sale of the house....if you can't find her, you can't get her signature. There are legal ways around that...but that takes a clever attorney.

In any case, she couldn't contest the divorce itself, just the property settlement.

There is one other potential issue though, and that is health insurance. If you are currently providing that, and she has any existing medical issues that could also get tricky, which is also why you really need a good attorney.

[cm2976]

I plan on selling the house for payoff. She had insurance of her own. but I still have to get her to sign the paperwork for the house. Thank you for your help...

[LdiJ]

Originally Posted by cm2976

I plan on selling the house for payoff. She had insurance of her own. but I still have to get her to sign the paperwork for the house. Thank you for your help...

Ok...then unless you are playing games with us...and perhaps with her...service by publication shouldn't be an issue for you....however, doing that without an attorney could make it impossible for you to sell the house.

Here is the deal...In the current housing market its very possible/probable that the best bet for the two of you is to sell the house for payoff, if you have not owned it for very long.

However, you cannot play games about that...any sale has to be a fair market value sale.

[cm2976]

I assure you that I am not playing games with either you or her. I am trying to handle this divorce as amicably as possible. Since we have no assets to speak of I have offered to pay an attorney to handle the paperwork, however the last time I spoke with her she stated that she was going to get an attorney of her own, I completely understand that however that has been sometime ago and I have not been able to contact her since. I have tried via email, text message, and even her parents but they keep hanging up on me. We have not owned the house very long we moved in in February. We owe $161,000, at the time we moved in it appraised at $177,000. I don't feel that selling it for payoff is "cheap selling" it, and I have told her that if I sell it for more I will split the equity evenly AND take care of any capital gain taxes. All I am trying to do is get the divorce over with as quickly and painlessly as possible.