What can I do if my spouse will not accept the divorce papers? 31 Answers as of November 10, 2011

My husband will not accept the divorce papers nor is he paying bills and he is committing adultery and living with the mistress.

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Law Office of Karen A. Clark, L.L.C.
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
I would suggest retaining the services of a process server or publishing notice of the dissolution proceeding in local newspapers. If there is an issue of child support, you can contact the Washington State Division of Child Support. If the financial issue pertains to joint debt, I would suggest contacting the creditors and explaining your situation to them.
Answer Applies to: Washington
Replied: 11/10/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
You would have him served by a process server then either where he is staying or at work. He doesn't have to accept them. He can simply be served. The process server will then give you an affidavit that he was served. You turn that in to the court.
Answer Applies to: Wisconsin
Replied: 10/20/2011
Reza Athari & Associates, PLLC | Armand Fried
You can have him served by a professional, licensed process server. Once the process server gives him the papers, he has no choice about accepting them; he has been served. You can find their listings in the yellow pages.
Answer Applies to: Nevada
Replied: 10/20/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
We can file your petition through publication. This allows us to give him notice through your local newspaper.
Answer Applies to: Illinois
Replied: 10/18/2011
The Law Office of Kem Eyo, LLC
The Law Office of Kem Eyo, LLC | Kem Eyo
If your spouse will not voluntarily accept delivery of divorce papers, your option is to have the spouse served by either sheriff/deputy or a private process server.
Answer Applies to: Georgia
Replied: 10/18/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Do you have a lawyer or are you trying to do this on your own? I ask because if you have a lawyer, he or she will know best. If you are doing this on your own the other side does not have to agree, they do not have to accept the papers from you and they do not have to waive service. Your only option is to secure the help of a lawyer or at least a process server.
Answer Applies to: Texas
Replied: 10/18/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
You must hire a process server or have the Sheriff's office serve the documents and fill out an affidavit of service to be filed with the court.
Answer Applies to: Minnesota
Replied: 10/18/2011
AAAA Legal  Center
AAAA Legal Center | Robert Mouradian
To begin with, you should consult an attorney to determine your rights. A good attorney will want to interview you then address the issue of attorney fees, property division, child support, spousal support and other issues. The court can order your spouse to pay marital expenses and to maintain the status quo in addition to ordering support. There are a number of ways this can be accomplished. Once reasonable efforts have been made to serve your husband personally, the court can enter and order for alternate service. Depending on the judge and the facts, this can sometimes be done in several different ways.
Answer Applies to: Michigan
Replied: 10/18/2011
The McDonnell Law Firm, PLLC
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
There are other ways to effect proper service than physically handing the papers to him. An easy one is to have the process server just drop it at his feet. Ask a lawyer about the several other methods. You have 120 days to effect service after filing. (You can't serve him though. It has to be a person over 18 years of age who is not a party to the action.
Answer Applies to: New York
Replied: 10/18/2011
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
If by "not accepting the divorce papers" you mean he is not agreeing to the proposal you've made, then you need to file for divorce and obtain temporary orders for him to pay bills or to pay you spousal support so you can pay the bills.
Answer Applies to: Ohio
Replied: 10/18/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    It sounds from your question as though you sought for your husband to accept service via Notice and Acknowledgment of Service. All you need to do is to have a person of the age of 18 personally serve the requisite copies of filed documents and a blank Family Law Response form on your husband. You must then be provided with a properly completed, dated and signed Proof of Service for you to file with the Clerk of the Superior Court.
    Answer Applies to: California
    Replied: 10/17/2011
    Law Offices of Paul A. Eads
    Law Offices of Paul A. Eads | Paul A. Eads
    Have someone over the age of 18 throw them at him and file the proof of personal service with the court.
    Answer Applies to: California
    Replied: 10/17/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    There is no requirement in Colorado that your husband sign anything. All that is necessary is to provide him official notice of the case by having the paperwork served on him by delivery in person.
    Answer Applies to: Colorado
    Replied: 10/17/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Hire a lawyer and Constable to get the Service of Process completed and get the case moving.
    Answer Applies to: Pennsylvania
    Replied: 10/17/2011
    Neville J. Bedford Attorney at Law
    Neville J. Bedford Attorney at Law | Neville J. Bedford
    There are many ways to achieve proper service. Consult with your local matrimonial practitioner to decide which mode is most appropriate in your particular situation.
    Answer Applies to: Rhode Island
    Replied: 10/17/2011
    Law Office of James L. Miller
    Law Office of James L. Miller | James Miller
    I don't mean what you mean by accept. If the process server has your husband in front of him he can drop them at his feet or stick them in his pocket. If he can't due that the server can do a Declaration of Due Diligence and then you can request service by publication.
    Answer Applies to: California
    Replied: 10/17/2011
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    You need to hire a "process server." They will serve him with papers. If he keeps refusing, he will eventually be served by what is called "nail and mail." The rules provide for such circumstances.
    Answer Applies to: New Jersey
    Replied: 10/17/2011
    Law Offices of Marshall R. Hoekel, LLC | Marshall Hoekel
    If you are talking about service of process, he needs to accept service when he is served. If you are referring to signing Court papers, the Court can always enter an order binding him whether he agrees to sign or not.
    Answer Applies to: Missouri
    Replied: 10/17/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You need only serve the papers on your husband and if he fails to respond to them, you can take his default. I urge you to file a motion to address spousal support and the community bills. California is a no fault state, so his romantic involvement with another person has no impact on property division.
    Answer Applies to: California
    Replied: 10/17/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington,you would have someone serve him.He doesn't have to "accept" them.Move the court for temporary orders making him pay the bills.
    Answer Applies to: Washington
    Replied: 10/17/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you hire a divorce lawyer ASAP. Your divorce lawyer will know what to do and will advise you as to your rights and options. Good luck.
    Answer Applies to: Georgia
    Replied: 10/17/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    The service can be made at his abode and if he does not show up for court he can be served with any financial orders entered in his absence .
    Answer Applies to: Connecticut
    Replied: 10/17/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    He doesn't have to accept them. He needs to be served with them. You can get orders for him to pay support and perhaps to pay a portion of the oustanding bills as well. The fact that he is living with someone else isn't relevant in California.
    Answer Applies to: California
    Replied: 10/17/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    You need to have a Sheriff serve him with the papers. He is under no obligation to accept the papers from you.
    Answer Applies to: Florida
    Replied: 10/17/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Your husband will have no choice if you file a contested divorce action; he is not required to "accept" those papers; they can be served by a process served and do not required his signature or "acceptance". Retain an attorney to file a contested divorce action; this is the only way to get the case moving if you want a divorce and he will not cooperate.
    Answer Applies to: Georgia
    Replied: 10/17/2011
    Hochman and Peppler, LLC
    Hochman and Peppler, LLC | Thomas R. Peppler
    You must file the action for dissolution of marriage and have a summons issued. Then you must have a sheriff deputy or a civil process server serve the petition and summons on your husband. There is no such thing as refusing to accept service if it is done as provided by law.
    Answer Applies to: Florida
    Replied: 10/17/2011
    Law Office of Pashan Movasseghi, Esq.
    Law Office of Pashan Movasseghi, Esq. | Pashan Movasseghi, Esq.
    Your best bet is to hire a process server and explore methods of substitute service. The foregoing is not legal advice nor does it create any attorney-client relationship.
    Answer Applies to: New York
    Replied: 10/17/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Have him served by a private process server or sheriff.
    Answer Applies to: Florida
    Replied: 10/17/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    Have him served with a constable, service can be made in hand and planned in advance.
    Answer Applies to: Massachusetts
    Replied: 10/17/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Probably the best thing to do is to hire a professional process server and have your spouse served. The professional process servers make their living by getting people served. Therefore, they are generally pretty good at it.
    Answer Applies to: Washington
    Replied: 10/17/2011
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