What happens if my husband will not open the door to be served by the process server?
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What happens if my husband will not open the door to be served by the process server?
My husband lives in another state. He served me the beginning of this month. I filed before I was served and was told to still serve him to see if they will allow the case to be in my state. He will not open the door for the process server and I do not have any info as to his employment (where exactly he works to try to serve him there). No one is giving me any info. We have a child together.
Asked on February 21, 2012 under Family Law, Wisconsin
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The process server can do a stake-out and wait for your husband to leave the house and then serve him at that time. Your husband will have to leave the house at sometime whether to go to work, to pick up the mail, go to the supermarket, etc. The process server could find out where your husband's job is located by following him. That may not be necessary because when he leaves the house he can be served. Another option is to have the marshal serve him at home as he should answer the door for the marshal.
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