Help...i Can't Get Her Served

[mukiman]

California: Help me PLEASE! My spousal support was left open to the jurisdiction of the court. It is approaching the 1/2 the length of the marriage point and although I have a lawyer and all the papers are drawn up the process service has been unable to serve my ex-wife with the papers. She is avioding it and denies it is her when they approach her. I do not want personal friends or family involved as she is violent. What are my options for serving her and MOST important what are the laws regarding serving someone in the state of California? What if someone tries to serve her and she drops it on the floor? How do I prove she was served? My attorney asked her attorney if she would accept the service on her behalf and she refused.

 

[dgingrich]

don't know if this will help

Hi I'm not sure if this pertains or not, but when my stepdad wanted to divorce my mother and she was no where to be found, all they had to do was attempt to have her served at her last known address (the same addy she shared w/my stepdad) Of course there was no response from her because she wasn't there to get it, so my stepdad received the divorce by default. This was in OH, so I don't know if that will help you or not.

 

[BelizeBreeze]

Then your attorney should document that to the court and then proceed with asking the court to allow service by publication.

 

[I AM ALWAYS LIABLE]

California: Help me PLEASE! My spousal support was left open to the jurisdiction of the court. It is approaching the 1/2 the length of the marriage point and although I have a lawyer and all the papers are drawn up the process service has been unable to serve my ex-wife with the papers. She is avioding it and denies it is her when they approach her. I do not want personal friends or family involved as she is violent. What are my options for serving her and MOST important what are the laws regarding serving someone in the state of California? What if someone tries to serve her and she drops it on the floor? How do I prove she was served? My attorney asked her attorney if she would accept the service on her behalf and she refused.

My response:

If your attorney can't get her served by any of the proscribed methods pursuant to CCP 415, et seq., then it's time for you to seriously consider consulting another attorney.

You asked:

"What are my options for serving her and MOST important what are the laws regarding serving someone in the state of California? What if someone tries to serve her and she drops it on the floor? How do I prove she was served? My attorney asked her attorney if she would accept the service on her behalf and she refused."

If you do, in fact, have an attorney, then I have to ask, "Why are you asking these questions?"

IAAL

 

[mukiman]

I'm always liable

Thank you for the valuale advice. I posted his question despite having an attorney out of frustration. I trust my attorney, but in California the courts take forever and my lawyers time is costly. My ex-wife makes everyting diffcult knowing it will be at MY expense. I'm trying to do as much of the leg work as possible to save cost and time.

 

[mukiman]

Service by publication?

Then your attorney should document that to the court and then proceed with asking the court to allow service by publication.

Can you tell me what service by publication is? They continued our court date (which is what her intention was) because we could not serve her. Now we will have to re-file to get a new court date and God only knows how long that will be.

 

[I AM ALWAYS LIABLE]

Thank you for the valuale advice.

My response:

I think you meant "valuable". Anyway, you're welcome.

IAAL