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Husband has avoided being served.... well kind of

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tricky0ff

Junior Member
NEVADA: I filed for divorce the beginning of July from my alcoholic/drug addicted/abusive spouse. At the time he was on a runner and was not around. I gave the sherriff his work number and name, his cell number, our address and his aunt's address to serve him. A short time later he returned home. I told him about the divorce and he begged me not to go through with it, that he would change, blah blah blah, same old song and dance for the past 12 years. I actually considered amending the divorce to a legal separation at that point. But at any rate, he has been home since.
I cannot afford a lawyer, like so many others here because he spends every penny he can get his hands on, on drugs and alcohol. About a month or so later, I recieved the divorce papers in the mail from the sherriff. In the notes it stated they did their due dilligence because they tried his aunt's house once and tried a phone number that I don't even recognize that (surprise) was no longer in service. About a couple weeks after that, he was served with a subpoena AT OUR HOUSE for breaking the TPO I had on him in April.
That's right, I had a TPO on him in April, he broke it in April, and nothing happened to him at all until he was subpoenaed to court in August- and I know he won't go anyway because he is scheduled to work that day. He already has warrants in another county for FTA on possession charges and several FTA on his record (which will likely end up being to my benefit later on). He also has court ordered domestic violence classes that he has been skipping to go to the bar.
He recently got a great job that pays very well and I had hoped things were looking up for us but his alcohol abuse has gotten worse and now he is addicted to some crap called spice which he spends a lot of money on. Meanwhile we live in a small 2br apartment with our pre-teen boy/girl twins sharing a room. Plus he lets his brother stay there no matter what I say, and his brother is disrespectful of me as well.
ANYWAY, he was never served with divorce papers. At first he said he would fight me for custody. But when I actually filed he said he wouldn't fight it. Now he has more resources due to his job but I still don't think a man with an unstable job history, drugs and domestic violence on his record and zero sense of responsibility would be able to get custody. So I'm not worried about that.

My question is how can I get him served? What are my options? Obviously the sherriff didn't work too hard on it. Do I have to hire a process server? I honestly don't know any neutral parties that I would care to drag into this to get him served as I am a drug free professional and don't want his nonsense associated with me. Can I serve him by certified letter? (assuming he actually goes to the post office and signs for it). Or should I just go straight to publication? He has his copy, I handed it to him when it came in the mail, but how can I prove that to the courts? Also, some things have changed as far as our income and I also forgot to put in the divorce that we would each take one child to claim on our taxes. So how can I file an amended copy? Can I just change the things I want and take it to the court house? I understood that would cost $25 instead of having to pay the whole amount again. Any advice would be great.
 


Silverplum

Senior Member
NEVADA: I filed for divorce the beginning of July from my alcoholic/drug addicted/abusive spouse. At the time he was on a runner and was not around. I gave the sherriff his work number and name, his cell number, our address and his aunt's address to serve him. A short time later he returned home. I told him about the divorce and he begged me not to go through with it, that he would change, blah blah blah, same old song and dance for the past 12 years. I actually considered amending the divorce to a legal separation at that point. But at any rate, he has been home since.
I cannot afford a lawyer, like so many others here because he spends every penny he can get his hands on, on drugs and alcohol. About a month or so later, I recieved the divorce papers in the mail from the sherriff. In the notes it stated they did their due dilligence because they tried his aunt's house once and tried a phone number that I don't even recognize that (surprise) was no longer in service. About a couple weeks after that, he was served with a subpoena AT OUR HOUSE for breaking the TPO I had on him in April.
That's right, I had a TPO on him in April, he broke it in April, and nothing happened to him at all until he was subpoenaed to court in August- and I know he won't go anyway because he is scheduled to work that day. He already has warrants in another county for FTA on possession charges and several FTA on his record (which will likely end up being to my benefit later on). He also has court ordered domestic violence classes that he has been skipping to go to the bar.
He recently got a great job that pays very well and I had hoped things were looking up for us but his alcohol abuse has gotten worse and now he is addicted to some crap called spice which he spends a lot of money on. Meanwhile we live in a small 2br apartment with our pre-teen boy/girl twins sharing a room. Plus he lets his brother stay there no matter what I say, and his brother is disrespectful of me as well.
ANYWAY, he was never served with divorce papers. At first he said he would fight me for custody. But when I actually filed he said he wouldn't fight it. Now he has more resources due to his job but I still don't think a man with an unstable job history, drugs and domestic violence on his record and zero sense of responsibility would be able to get custody. So I'm not worried about that.

My question is how can I get him served? What are my options? Obviously the sherriff didn't work too hard on it. Do I have to hire a process server? I honestly don't know any neutral parties that I would care to drag into this to get him served as I am a drug free professional and don't want his nonsense associated with me. Can I serve him by certified letter? (assuming he actually goes to the post office and signs for it). Or should I just go straight to publication? He has his copy, I handed it to him when it came in the mail, but how can I prove that to the courts? Also, some things have changed as far as our income and I also forgot to put in the divorce that we would each take one child to claim on our taxes. So how can I file an amended copy? Can I just change the things I want and take it to the court house? I understood that would cost $25 instead of having to pay the whole amount again. Any advice would be great.
Don't try any old idea that comes to mind. Follow the law, do it properly.

Service procedures for divorce in your state:

http://www.edivorcepapers.com/divorce-procedures/nevada-divorce-procedures.html
 

Zigner

Senior Member, Non-Attorney
Based on what you have said, I would suggest hiring a private process server.
 

Mass_Shyster

Senior Member
NEVADA: I filed for divorce the beginning of July from my alcoholic/drug addicted/abusive spouse. At the time he was on a runner and was not around. I gave the sherriff his work number and name, his cell number, our address and his aunt's address to serve him. A short time later he returned home. I told him about the divorce and he begged me not to go through with it, that he would change, blah blah blah, same old song and dance for the past 12 years. I actually considered amending the divorce to a legal separation at that point. But at any rate, he has been home since.
Why don't you call the sheriff and tell him where your husband is.
 

Zigner

Senior Member, Non-Attorney
OP tried the sheriff already and, for whatever reason, it didn't work. OP should hire a private process server who will give a bit more of a "personalized touch" to the matter.
 

tricky0ff

Junior Member
actuall

Obviously you didn't tell the sheriff that he was living at your home.


:rolleyes:

I don't think you read my post. :\

At the time he was on a runner, all over the place, motels, hotels, friends, family etc. But I did tell them that he was living with me, just that I didn't know where he was at that time. They did not try to serve him at our home but then served him with a summons at our home a week or so later. At this point, I am going to try to get him to sign an acceptance of service. If that doesn't work I will probably find a process server. Does anyone know how much they generally cost? I would just like to know how much money I will need to scrape together and be prepared. Or maybe I'll find an attractive woman and pay her $50 to serve him at the bar where he hangs out. I also have considered returning the paperwork to the sherriff and telling them that he needs to be served at home and hope that works. I will see what I can do.
 

Antigone*

Senior Member
I don't think you read my post. :\

At the time he was on a runner, all over the place, motels, hotels, friends, family etc. But I did tell them that he was living with me, just that I didn't know where he was at that time. They did not try to serve him at our home but then served him with a summons at our home a week or so later. At this point, I am going to try to get him to sign an acceptance of service. If that doesn't work I will probably find a process server. Does anyone know how much they generally cost? I would just like to know how much money I will need to scrape together and be prepared. Or maybe I'll find an attractive woman and pay her $50 to serve him at the bar where he hangs out. I also have considered returning the paperwork to the sherriff and telling them that he needs to be served at home and hope that works. I will see what I can do.
We can't tell you what the cost is. Google is your friend and so is the phone.:cool:
 

tricky0ff

Junior Member
Don't try any old idea that comes to mind. Follow the law, do it properly.

Service procedures for divorce in your state:

http://www.edivorcepapers.com/divorce-procedures/nevada-divorce-procedures.html
I appreciate your help. But this link says nothing of what to do if the person avoids being served. In fact, not many articles (that I have found) do. And one article says I can serve by publication (a paralegal told me this as well) while I read somewhere else that it's only if he's not in Nevada. At any rate, Clark County (even though I am not in that county) says I can't file by publication if I know where he is. Which is fine. I'm just looking to find out what my options are.
 

Zigner

Senior Member, Non-Attorney
I appreciate your help. But this link says nothing of what to do if the person avoids being served. In fact, not many articles (that I have found) do. And one article says I can serve by publication (a paralegal told me this as well) while I read somewhere else that it's only if he's not in Nevada. At any rate, Clark County (even though I am not in that county) says I can't file by publication if I know where he is. Which is fine. I'm just looking to find out what my options are.
Perhaps you're just bored this this morning?

Really, hire a process server and get this done. He's obviously not difficult to find.
 

tranquility

Senior Member
Getting a good process server is going to be a lot cheaper than going to court for permission to do a service by publication, let alone buying the number of ads required.
 

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