Spouse Avoiding Divorce Papers: What to Do?

Feature Article

Avoiding Service of Divorce Papers: What to Do

Going through a divorce can be stressful and emotional for everyone involved. But what happens when one spouse is avoiding service of the divorce papers? It can complicate the process even further. In this feature article, we'll explore what you can do when your spouse is avoiding service of divorce papers.

Understanding Why Your Spouse is Avoiding Service

Before you take any action, it's important to understand why your spouse may be avoiding service of the divorce papers. Some common reasons include:

  • Denial that the marriage is over: Your spouse may be in denial that the marriage is really ending and may hope that by avoiding the papers, the divorce won't go through.
  • Fear of losing assets: If your spouse is worried about losing assets in the divorce, they may think that avoiding service will prevent the divorce from happening.
  • Revenge: In some cases, a spouse may avoid service as a way to get back at their partner for wanting a divorce.

Taking Action

If your spouse is avoiding service of the divorce papers, there are several steps you can take:

  • Try to Serve Them Personally: You may be allowed to personally serve the papers to your spouse. This means that you would physically give them the papers instead of having them served by a professional. Check your state's laws to see if this is an option for you.
  • Hire a Professional Process Server: A professional process server has experience in tracking down individuals who are avoiding service. They may be able to use skip tracing methods, such as database searches and surveillance, to locate your spouse.
  • File a Motion with the Court: If you're unable to locate your spouse, you can file a motion with the court to allow you to serve the papers in an alternate way, such as via email or publication.

Protecting Your Rights

If your spouse continues to avoid service, it's important to protect your rights. You can still move forward with the divorce proceedings, even if your spouse hasn't been served. Talk to your attorney about your options for moving forward without your spouse's participation.

Final Thoughts

Divorce is never an easy process, and avoiding service of divorce papers can make it even more complicated. However, by taking the right steps and protecting your rights, you can move forward and begin the next chapter of your life.

For more information on avoiding service of divorce papers, visit azcriminalandfamilylaw.com.




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