If they’ve tried to serve my husband with the divorcer papers 3 times now but each time he hides in the house so they can’t serve him, what do I do now?

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If they’ve tried to serve my husband with the divorcer papers 3 times now but each time he hides in the house so they can’t serve him, what do I do now?

I filed almost 1 month ago.

Asked on June 22, 2012 under Family Law, Florida

Answers:

Brad Micklin / The Micklin Law Group

Answered 9 years ago | Contributor

I would recommend that you have the process server leave a copy of the papers at the residence and complete a certification of service indicating his attempts as well as any specific facts that he witnessed during these attempts; for instance, whether anybody came to the window or if he heard noises inside.

Courts are aware of people's attempts to evade service of process. A judge may conclude service was appropriate when there's a certification of several attempts.

You can also file a motion for constructive service. This is an application that will allow you to serve notice of the complaint in the newspaper in the county in which your husband is last known to have resided. If this motion is granted, you do not need personal service and only need to publish a copy of the complaint in your local newspaper.


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