What to do if I filed for divorce and need to serve my husband papers but he checked into a residential rehab?

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What to do if I filed for divorce and need to serve my husband papers but he checked into a residential rehab?

I cannot have him served there. Our initial conference is a month away and he will be in this treatment program for a minimum of 28 days. What do I do when I cannot have him served? Will I get in trouble for not having him served?

Asked on June 26, 2011 under Family Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You won't get into trouble if your husband is not served, but the legal proceeding will not go forward until he is served.  You could request a continuance (postponement of the legal proceeding) and then your husband could be served after he is out of rehabilitation.

Although you said your husband can't be served while in rehabilitation, a process server might be able to leave the documents with the treatment facility and then mail copies to your husband which is substituted service.  If that isn't possible, then requesting a continuance would be your best option.


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