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  1. #1
    Christe_1981 is offline Junior Member
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    Spouse avoiding service of papers in attempt to file first

    What is the name of your state (only U.S. law)? I'm in MD, he is in MA

    My attorney filed papers with the court over 2 weeks ago for a simple no fault divorce here in Maryland (no property, no assets, no children). I hired a process server to serve him the papers, but my ex gave the wrong address, it's his parents house and they say he no longer lives there. He knows the papers are on the way, but he won't give any information other than his parents address and says he'll be there on certain days after 4. He sends a threatening e-mail saying if he doesn't receive papers by 1/12 he's going to file in MA under abandonment (whatever, he left the state not me). I told him I did my part and he gave me the incorrect address. He's trying to be difficult and I really think he wants to avoid being served with the papers so he can be the first to file, even though I have already filed. I guess he wants to make me come to MA for the hearing, just to be a jerk.

    Can he do this?

    Also, if he does try to file, can he serve my attorney with the papers since he has his contact information? I wrote him an e-mail back and I probably shouldn't have but I'm tired of him threatening me with this abandonment crap.
  2. #2
    Zigner is offline Senior Member
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    Quote Originally Posted by Christe_1981 View Post
    What is the name of your state (only U.S. law)? I'm in MD, he is in MA

    My attorney filed papers with the court over 2 weeks ago for a simple no fault divorce here in Maryland (no property, no assets, no children). I hired a process server to serve him the papers, but my ex gave the wrong address, it's his parents house and they say he no longer lives there. He knows the papers are on the way, but he won't give any information other than his parents address and says he'll be there on certain days after 4. He sends a threatening e-mail saying if he doesn't receive papers by 1/12 he's going to file in MA under abandonment (whatever, he left the state not me). I told him I did my part and he gave me the incorrect address. He's trying to be difficult and I really think he wants to avoid being served with the papers so he can be the first to file, even though I have already filed. I guess he wants to make me come to MA for the hearing, just to be a jerk.

    Can he do this?

    Also, if he does try to file, can he serve my attorney with the papers since he has his contact information? I wrote him an e-mail back and I probably shouldn't have but I'm tired of him threatening me with this abandonment crap.
    What does your ATTORNEY say?
  3. #3
    Christe_1981 is offline Junior Member
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    I talked to my attorney on Friday but I just received the e-mail today. I asked if I could call the process server and give him my ex's cell phone number so they can arrange where to meet. I'm just asking here since I can't talk to my attorney till tomorrow at the earliest. I'm just curious...
  4. #4
    Zigner is offline Senior Member
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    Quote Originally Posted by Christe_1981 View Post
    I talked to my attorney on Friday but I just received the e-mail today. I asked if I could call the process server and give him my ex's cell phone number so they can arrange where to meet. I'm just asking here since I can't talk to my attorney till tomorrow at the earliest. I'm just curious...
    Seriously...if he's TRYING to avoid service, what makes you think he'll make arrangements with a process server?

    Talk to your attorney tomorrow about alternative methods of service. Also, have your attorney explain why he (the ex) won't be successful in starting a suit in another state after you've started yours.

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