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Do we have to be in the same state?

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ouecreole

Junior Member
What is the name of your state? VA

i would like to file for divorce, i live in Virginia, he moved to WA state. Does he has to be in physically in the state of Virginia for me to have his served with papers, in order to be legally considered served?

or can i just send him a certified return receipt letter with the papers to WA state..(legally)
:confused:
 


BL

Senior Member
The best way to have the other party served is to contact their local Sheriffs office , and have them serve it for a fee .
 

ouecreole

Junior Member
... actually..

actually, i was told that my husband had to physically be in the state of VA to be served:confused:
i would have to get him to come to VA.. that he could not be served VA divorce papers in WA state..:(
 

BL

Senior Member
actually, i was told that my husband had to physically be in the state of VA to be served:confused:
i would have to get him to come to VA.. that he could not be served VA divorce papers in WA state..:(
Who ever told you that is wrong .

FYI I live in NY . I served my X in VA through the Sheriffs' Office there .

I did my own UD divorce .
 

Perky

Senior Member
Just backing up BL here with a link to some of your options:

http://www.denbighlaw.com/divorcebooklet.html#service

If the defendant cannot be served (because he cannot be found and a "usual abode" cannot be determined), or if the defendant lives out of state, service of process can be accomplished through a newspaper ad following a court directive called an "Order of Publication."* The actual ad is run in a local newspaper.* If the defendant lives out of state or just out of the area, or never reads the newspaper in which the ad is published, he or she will not likely see the ad.* But that's okay, because in addition to ordering the ad, the court will also mail a copy of the process (the Complaint and the Order of Publication) to the defendant at the defendant's last know address as provided by the plaintiff.* As a practical matter, the defendant still will not be aware that the divorce action is happening.* For this reason, the law limits the relief (the stuff you can get) that can be gotten in a divorce pursued via an Order of Publication to just the divorce.* Alimony, custody, child support, property division, and similar items that are beyond mere "status" of being married/not married, are beyond the power of the court to award if the defendant is "served" via an Order of Publication.
* *
 

ouecreole

Junior Member
tyvm

funny thing a lawyer was the one who told me that!
he also wanted $7500.00 to just start my divorce...and he couldn't tell me a round about amount i would be looking at for final cost (ballpark)..

since every state is different and i am a VA resident, i wanted to know if that was a VA law...

tyvm.. for the info!
 

BL

Senior Member
funny thing a lawyer was the one who told me that!
he also wanted $7500.00 to just start my divorce..
.and he couldn't tell me a round about amount i would be looking at for final cost (ballpark)..

since every state is different and i am a VA resident, i wanted to know if that was a VA law...

tyvm.. for the info!
Run from that Lawyer .

I woulda asking the Lawyer how he proposed to spend your money on a divorce that was said couldn't happen from one State to another ?

Before paying a lawyer that amount up front , shop around .

And make sure you know the figures before signing any papers .
 

2Mistakes

Senior Member
Check with the SD in the county your ex lives in in WA.

I live in MS. Ex-wife lives in FL. I recently filed a complaint for modification against her, here in MS, where jurisdiction is.

I drove 2 hours to Pcola to the Escambia County SD to drop off the summons and complaint to have them serve her.

Well, as of Jan. this year, Escambia Co. SD no longer serves "out of state papers." They gave me the names and numbers of 3 private process servers, and I ended up using one of them.
 

wanda71

Junior Member
Re:

i Saw a lawyer today and she told me that in order to do a divorce that he would have had to live here in tn is that true? and can i file for divorce here in Tn or in ga i am confused she said file in ga since he never lived here.
 

BL

Senior Member
i Saw a lawyer today and she told me that in order to do a divorce that he would have had to live here in tn is that true? and can i file for divorce here in Tn or in ga i am confused she said file in ga since he never lived here.
Start your own thread , no high jacking others .
 

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