If I am filing divorce papers and have the address where my husband used to reside, can I still useit since it is the last known address for him?

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If I am filing divorce papers and have the address where my husband used to reside, can I still useit since it is the last known address for him?

Asked on February 9, 2012 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Here is the thing:  many attorneys will tell you that all you need is the last known address of the person who you are serving.  However, I do not believe that it is proper and unethical to mislead the court.  And if you KNOW that he no longer resides at the address in question that would be what you are doing.  Now, it will a bit more of a hassle to find out his new address but really not much.  If you go to the post office - or rather have a process server go - with a copy of legal papers for service they will give you the new address on file if they have it.  And there are other ways to locate him.  This way there are no questions later on.  Good luck.


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