fb8472 said:
A process server tried to serve me divorce papers at my work but I would not sign for them and left work early. When I got home and informed my wife that I had not been served she left the house with my two children and has not returned since yesterday. Should I file a missing persons charge? kidnapping? I'm in Minnesota. Please advise.
My response:
Where did you get the idea that you had to "sign for" the divorce papers ? To be served under the law, all the process server had to do was identify you as the proper person being served, and drop the papers at your feet if necessary. Process servers no longer are required to obtain signatures, or to play "tag", or to "chase" someone, in order to properly serve that person with Process.
Therefore, and although your wife obviously doesn't understand the law, much like yourself, the fact remains that you've been served with Process. If you don't act on those papers, your "default" could be entered by the court.
As it stands right now, your wife is within her rights to take her children out of the home and go anywhere she wants with them. They're her children. And, since there are no court orders in effect at this time, your wife has freedom of movement to anywhere she wants to go.
Good luck.
IAAL
