Question about serving Divorce Papers

[BlissfulMommy]

What is the name of your state? Florida

I have filed for divorce on February 2nd, sent the paperwork to my ex's address in California and he refuses to sign the papers because he insists on me having an Order Of Protection which expired in October 2006 removed from his record. I have no intent on doing so because I don't feel responsible to have his record cleared. They issued the Order Of Protection because of Domestic Violence reasons. I have emailed the paperwork to a process server company in California on March 5th and they haven't been able to serve him yet. He is not answering the door, I don't know why because he is unemployed and most likely, as I know him, sitting at home and blaming everyone and everything in the world for his misery. I'm sure that the process server company is not going to try to serve him forever, maybe for a few more days. I contacted my direct contact with the company and they said that they would try over the weekend. My ex would have called me for sure if they would have been successful serving him the papers. Now my question: What happens if they are unable to serve him with the papers?

 

[Bali Hai]

What is the name of your state? Florida

I have filed for divorce on February 2nd, sent the paperwork to my ex's address in California and he refuses to sign the papers because he insists on me having an Order Of Protection which expired in October 2006 removed from his record. I have no intent on doing so because I don't feel responsible to have his record cleared. They issued the Order Of Protection because of Domestic Violence reasons. I have emailed the paperwork to a process server company in California on March 5th and they haven't been able to serve him yet. He is not answering the door, I don't know why because he is unemployed and most likely, as I know him, sitting at home and blaming everyone and everything in the world for his misery.

Well maybe he has a big surprise for you.

I'm sure that the process server company is not going to try to serve him forever, maybe for a few more days. I contacted my direct contact with the company and they said that they would try over the weekend. My ex would have called me for sure if they would have been successful serving him the papers.

And just how the hell do you know this to be a fact??

Now my question: What happens if they are unable to serve him with the papers?

Since you have it all figured out...FIGURE IT OUT!!

 

[Gracie3787]

What is the name of your state? Florida

I have filed for divorce on February 2nd, sent the paperwork to my ex's address in California and he refuses to sign the papers because he insists on me having an Order Of Protection which expired in October 2006 removed from his record. I have no intent on doing so because I don't feel responsible to have his record cleared. They issued the Order Of Protection because of Domestic Violence reasons. I have emailed the paperwork to a process server company in California on March 5th and they haven't been able to serve him yet. He is not answering the door, I don't know why because he is unemployed and most likely, as I know him, sitting at home and blaming everyone and everything in the world for his misery. I'm sure that the process server company is not going to try to serve him forever, maybe for a few more days. I contacted my direct contact with the company and they said that they would try over the weekend. My ex would have called me for sure if they would have been successful serving him the papers. Now my question: What happens if they are unable to serve him with the papers?

If the process server can't serve the papers, make sure that they send you confirmation of attempts made. You can then serve by publication and file an affidavit of "diligent search", I believe the form can be found at www.flcourts.org.

 

[Just Blue]

Since you have it all figured out...FIGURE IT OUT!!

You know Bali..If you had bother to look up her other thread in Domestic Violence you would know why she knows he would have called....

 

[BlissfulMommy]

gosh, you are rude Bali Hai.

I've been married to this guy for almost 5 years, I can say with 100% certainty that I know him very well. He was verbally, emotionally and physically abusive during our marriage.

As for a big surprise for me - now what would that be? I'm curious.

My ex would have called me for sure if they would have been successful serving him the papers.

And just how the hell do you know this to be a fact??

Well, for starters, this guy called me about 10 times a day and harassed me and he called me when he received the papers via mail a few weeks ago and I'm sure that he'll call me when he gets the papers served to him.

 

[BlissfulMommy]

thanks Gracie and baystategirl !! I have looked up the form for "diligent search" and downloaded it from the internet. I'm ready !! Thanks for the responses !!

 

[BlissfulMommy]

He got served !!

Good news !! He just got served with the papers about 20 minutes ago WHILE I WAS ON THE PHONE WITH HIM in regards to the demands he has, too funny !!!! Now he has been calling me about 5 times since he got served and he left me 2 voicemails so far. He's threatening me with a "dirty court battle", LMAO, he'll have to travel to Florida from California for every hearing IF he decides to send the answer form back. He said that the papers I had him served with are no good LMAO. I just thought I'd share with you. I'm tickled pink

 

[fairisfair]

Good news !! He just got served with the papers about 20 minutes ago WHILE I WAS ON THE PHONE WITH HIM in regards to the demands he has, too funny !!!! Now he has been calling me about 5 times since he got served and he left me 2 voicemails so far. He's threatening me with a "dirty court battle", LMAO, he'll have to travel to Florida from California for every hearing IF he decides to send the answer form back. He said that the papers I had him served with are no good LMAO. I just thought I'd share with you. I'm tickled pink

He will not necessarily have to travel to and from florida, he might quite possibly be allowed to attend telephonically, or by other means. I must admit that while I understand your relief at him being served, the gleeful, revengeful you, is somewhat disconcerting.

 

[LdiJ]

Good news !! He just got served with the papers about 20 minutes ago WHILE I WAS ON THE PHONE WITH HIM in regards to the demands he has, too funny !!!! Now he has been calling me about 5 times since he got served and he left me 2 voicemails so far. He's threatening me with a "dirty court battle", LMAO, he'll have to travel to Florida from California for every hearing IF he decides to send the answer form back. He said that the papers I had him served with are no good LMAO. I just thought I'd share with you. I'm tickled pink

Of course he is going to say that they are no good...but he will be wrong.

 

[BlissfulMommy]

He will not necessarily have to travel to and from florida, he might quite possibly be allowed to attend telephonically, or by other means. I must admit that while I understand your relief at him being served, the gleeful, revengeful you, is somewhat disconcerting.

fairisfair, I'm not revengeful or gleeful, I'm just looking forward to be FINALLY divorced from this guy who was emotionally and physically abusive to me until I had enough of the abuse. This marriage is his second and in the divorce decree from his first marriage, his ex-wife had a Restraining Order put in as well. He is a repeat offender. The Order Of Protection that I had to get and that he wants removed from his record - as a condition for him to sign the divorce papers and to be able to start "with a clean slate" - was his fault and his fault alone. Like I said before - I'm a true believer in karma - what goes around comes around. And I don't have anything to worry about because I didn't do anything wrong.

 

[fairisfair]

fairisfair, I'm not revengeful or gleeful, I'm just looking forward to be FINALLY divorced from this guy who was emotionally and physically abusive to me until I had enough of the abuse. This marriage is his second and in the divorce decree from his first marriage, his ex-wife had a Restraining Order put in as well. He is a repeat offender. The Order Of Protection that I had to get and that he wants removed from his record - as a condition for him to sign the divorce papers and to be able to start "with a clean slate" - was his fault and his fault alone. Like I said before - I'm a true believer in karma - what goes around comes around. And I don't have anything to worry about because I didn't do anything wrong.

wishing bad on someone is something. and it is part of Karma, same as doing. It just sounded creepy to me, that is all. I don't blame you, as I said for wanting to be rid of his sorry @$$. And I wish you the best of luck.