Any competent divorce lawyer or smart ruling students?
Here's the situation. My dad is married and wants a divorce. He moved to another state while his wife stayed in another state. She is hiding from him. His advocate states that he has done all he can do to try to find her. My examine is, how does someone try to serve divorce papers to his spouse when the spouse can not be found,The husband lived in Philadelphia Pa and left and moved. The wife be or is still in Philadelphia Pa, however she is impossible to find. I know the laws are different surrounded by each state. Anyone able to thieve this question on? I would appreciate it very much. Thanks and bear care. All means of trying to find her hold been exhausted. Thanks and points to the first person who can answer this rightfully and correctly.
Answers:
I agree with the previous poster who said take police to her parents home. If he's still married to her, but she can't be found anywhere, consequently she's sort of a missing person. That could be a police matter.
Show up to her last known address see if the residence appears to be lived contained by, if not go to her parents home if i.e. near by as that is a feasible hiding place. If you cannot find her leave the papers beside her closest family and she will get them eventually. I would recommend have a police officer accompany your father to her parents address to inform them on the seriousness on the situation. Source(s): I'm not in Law School all the same, but I want to specialize in family tenet, and divorce cases, so I've been reading as much text on these as I can find.
By Publication: When all other methods fail, the court will allow service to be made by publication. This involves announcing the divorce petition contained by a newspaper where your dads spouse is potential to be living for a specified amount of time. You will need to return a copy of the newspaper consideration, with a statement for how long the notice run, to the court for proof of service.
Have your dad ask his attorney about service by publication - in a weekly. I know it can be done in Wash state - don't know for sure about PA - legal representative should know!
Every state have some method of "alternative" service, usually by publication, as some others have pointed out. Service can also be made at a person's usual place of employment, in most every state.
I cart it the lawyer was smart satisfactory to file in Pennsylvania court, right? If wife is still within Pennsylvania, and has never left, after it is very likely that no state court outside of Penn. have personal jurisdiction over wife, and any judgment for distribution of assets, or alimony, will not be binding on wife. Of course, if there are no assets, after the point is probably moot.
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Answers:
I agree with the previous poster who said take police to her parents home. If he's still married to her, but she can't be found anywhere, consequently she's sort of a missing person. That could be a police matter.
Show up to her last known address see if the residence appears to be lived contained by, if not go to her parents home if i.e. near by as that is a feasible hiding place. If you cannot find her leave the papers beside her closest family and she will get them eventually. I would recommend have a police officer accompany your father to her parents address to inform them on the seriousness on the situation. Source(s): I'm not in Law School all the same, but I want to specialize in family tenet, and divorce cases, so I've been reading as much text on these as I can find.
By Publication: When all other methods fail, the court will allow service to be made by publication. This involves announcing the divorce petition contained by a newspaper where your dads spouse is potential to be living for a specified amount of time. You will need to return a copy of the newspaper consideration, with a statement for how long the notice run, to the court for proof of service.
Have your dad ask his attorney about service by publication - in a weekly. I know it can be done in Wash state - don't know for sure about PA - legal representative should know!
Every state have some method of "alternative" service, usually by publication, as some others have pointed out. Service can also be made at a person's usual place of employment, in most every state.
I cart it the lawyer was smart satisfactory to file in Pennsylvania court, right? If wife is still within Pennsylvania, and has never left, after it is very likely that no state court outside of Penn. have personal jurisdiction over wife, and any judgment for distribution of assets, or alimony, will not be binding on wife. Of course, if there are no assets, after the point is probably moot.
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