Divorce Papers - Process Server

I moved and the process server goes to my last address. What do I need to do?

Ask RJ, Blog

The Question:

Notice of Divorce was taped to the front door of my friend’s house for me. I was no longer staying at his residence and had moved to North Carolina.  A process server kept coming to the residence of my friend and was informed that I did not live there, but continued to come looking for me. Petitioner’s attorney claims that I actively avoided service. Petitioner knew that I no longer resided in AZ and I believe that her attorney knew as well. This was a bogus service to get me in court in Pima, County Arizona. I have been a resident in Charlotte, North Carolina before the petition for divorce was filed.

RJ Says:

If you have actual notice of the pending Petition for Dissolution, it can be risky to not take appropriate steps to appear and defend.  Your ex could take steps to convince the judge to allow “alternative means of service”, and thus your Judge could be convinced to consider the taped packet on your friend’s door to be proper service. 

I believe you would likely be successful if you litigated the issue, but this may ultimately just cost time and money without any real benefit. 

Without knowing more, it would be my recommendation that you appear and defend in order to prevent the opposing party from proceeding by default, even if the only reason for doing so is to contest the validity of the alleged service.              

A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, « hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan.  I would encourage you to quickly schedule this free consultation.

Do you have a question? Send it to RJ, and we’ll get you the answer you need.

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