What Alternative Options Are There To Serve My Ex?

serving divorce papersQuestion:

I have been trying to serve my ex-wife with a visitation motion. The addresses I have tried ended up not being connected to her. Is there a step I am missing that I can try?

Answer:

I am not licensed in your state and I have not been retained as your attorney, I cannot provide legal advice. However, based on the laws of North Carolina, where I am licensed to practice, I can share some general information.

I can understand your frustration, because obtaining proper service of process is critical. Failure to do so could have serious consequences.

In North Carolina, service of process is usually achieved by service upon the defendant personally, by having the defendant sign an acceptance of service, or by publication in a newspaper of general circulation.

Publication is a great method for service of process in situations where, after due diligence in trying to find the defendant, the defendant cannot be located. If your state allows for service of process by publication, and you believe that your particular circumstances warrant publication, then maybe that should be your next step.

If you have not done so already, you may also want to try hiring a private investigator to locate her so that you can then serve her in person.

Regardless of which direction you elect, keep in mind that requirements for service of process must be strictly followed to avoid a subsequent challenge to the order based on a lack of jurisdiction due to lack of proper service.

Service of process issues can be very challenging, and I suggest that you speak with an attorney who can further advise you about the laws in your state.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including North Carolina divorce lawyer, Alicia Phillip, contact Cordell & Cordell.

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