Alternative Service of Process
In general: every party has the right to notification of a divorce being filed against him/her requiring “Service”. This is called “Service of Process in a Divorce”. Each state has its own service of process requirements in a divorce. Typically when a spouse cannot be located, the filing party must be a legal resident in the city/county and state for the minimum required time to file in that state. When you can’t locate your spouse to serve him/her with the divorce complaint, you can serve the other party by what is call, “alternative service of process.” This is an alternative procedure that is used when your spouse cannot be located.
- Often you may serve a spouse you cannot locate by publication or posting where the spouse last resided.
- Keep in mind any time frames that must be met for the alternative service to be accomplished (such as how long a Summons may be good for, how long or how often a Notice would need to be posted or published)
- Reasonable efforts must be made to locate the spouse (due diligence) and proof of this must usually be provided to the Court (typically by Affidavit detailing the steps taken to locate the spouse).
- In general, if the spouse is unable to be located, there may be some issues that the Court isn’t able to fully decide without the other party’s acknowledgment of the matter and/or participation (such as support, property, etc.)
Additional State Specific Resources:
Alabama - An Alabama attorney site with some information on the process and publication of notice in the newspaper for some circumstances (John A. McBrayer). See also Code for Alabama Divorce and Statutory Law for Service: Alabama Rules of Civil Procedure - .pdf with explanation of service of process procedures – Rule 4.3 Service by Publication
California - Law Office of Robin Yeamans (CA family and appellate law attorney) Statutory Law for Service: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=415.10-415.95
District of Columbia - the DC Bar has a pamphlet “Help Yourself – Serving Court Papers in D.C. – Divorce and Custody Cases) (AND) Statutory Law for Service: http://www.law.cornell.edu/rules/frcp/rule_4
Florida – AVVO includes FL specific details on the topic http://www.avvo.com/legal-answers/can-i-get-a-divorce-if-i-can-t-locate-my-spouse-wh-276471.html (AND) Statutory Law for Service: FL Rules of Civil Procedure (also includes form of Affidavit of Diligent Search and Inquiry, etc.) http://www.floridabar.org/TFB/TFBResources.nsf/0/10C69DF6FF15185085256B29004BF823/$FILE/Civil.pdf
Georgia - GA Legal Aid site (I Have Not Seen My Spouse For Years and I Do Not Know Where My Spouse Is. Can I Still Get a Divorce?) http://www.georgialegalaid.org/resource/how-to-get-a-divorce?ref=kif6M (AND) LegalZoom – this topic is related to GA, and also has some decent general information http://info.legalzoom.com/divorce-dont-haralson-county-ga-21980.html (AND) from a GA attorney site Rhonda Blackwell Siler – Georgia Uncontested Divorce Online http://www.georgiauncontesteddivorceonline.com/pages/content/5695 Statutory Law for Service: GA Code Title 9 (9-11-4. Process) http://www.lexisnexis.com/hottopics/gacode/
Iowa - Iowa Courts Pro Se Instructions including instructions on Service where the location of the spouse is not known http://www.iowacourts.gov/wfdata/files/RepresentingYourself/GUIDE-DivorceForms-nokids(02202012).pdf Statutory Law for Service: per “served.com” http://served.com/ia.asp
Massachusetts - Law Office of Richard B. Kell (attorney website) – this is related to MA, but also has general info on obtaining service of process on absent spouse http://www.massachusetts-familylaw.com/uncategorized/how-to-divorce-a-missing-spouse-divorce-in-massachusetts/ (AND) and MA Law Help site link to MA-specific info – http://www.masslegalhelp.org/domestic-violence/wdwgfh12/serving-papers (AND) Statutory Law for Service: http://www.lawlib.state.ma.us/source/mass/rules/civil/mrcp4.html
Maryland People’s Law Library of MD See “What Happens if Service is Not Made” topic http://www.peoples-law.org/node/906 (AND) from a MD attorney’s blog Keith Blair Bartnik, PA http://keithblairbartnikpa.blogspot.com/2008/09/divorce-in-maryland-alternative-means.html (AND) Statutory Law for Service: MD Rules, Title 2, Chapter 100, Rule 2-122. Process – Service – In rem or quasi in rem http://www.lexisnexis.com/hottopics/mdcode/
Michigan - Michigan Legal Help site with explanation of how to serve if do not know location of the spouse http://michiganlegalhelp.org/self-help-tools/family/how-serve-divorce-papers (AND) Michigan attorney site with info on the entire MI Divorce process, including if there is a “missing spouse” (Scott Marshall Neuman, P.C.) http://www.bestmichiganlawyer.com/divorce/index.htm
North Carolina NC Law Help – pro se pamphlet with Qs and As at the beginning – see page 3 “What do I do If I do not know where my spouse is?” http://www.lawhelpnc.org/files/CF76DC62-D528-7183-3117-39472C017826/attachments/38261CCE-A906-AD20-DB75-D161BC78CB08/466451CIU%20Do%20it%20yourself%20packet-LH.pdf (AND) Coredell l Cordell (an attorney website) – this is related to NC, but has information related to the topic http://www.cordellcordell.com/north-carolina-family-law-articles/175-northcarolina-divorce-questions Statutory Law for Service: Rule 4. Process. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_1A/GS_1A-1,_Rule_4.html
New Hampshire - New Hampshire Rules of the Court – Family Division – Domestic Relations – Notice of Legal Actions http://www.courts.state.nh.us/rules/family/fam-2.htm#2.4 (AND) Statutory Law for Service: Chapter 458, Section 9 Venue; Notice http://www.gencourt.state.nh.us/rsa/html/XLIII/458/458-9.htm
New Jersey - Legal Services of New Jersey – see info beginning on page 57 for steps on serving the Defendant whose address is unknown http://www.lsnjlaw.org/Publications/Pages/Manuals/DivorceGuide.pdf New Jersey - Getting a Divorce in New Jersey When You Can’t Locate Your Spouse. See also NJ Rules.
New York - New York – Getting a Divorce in New York When You Can’t Locate Your Spouse New York Courts FAQs page – what if I cannot locate my spouse? http://www.nycourts.gov/divorce/info_faqs.shtml (AND) LawHelp.org http://www.lawhelp.org/documents/514801Service%20By%20Publication%20-%20July%202010.pdf?stateabbrev=/ny/ (AND) info/explanation from RuralLawCenter.org http://www.rurallawcenter.org/docs/Service%20by%20Publication.pdf
Ohio - Ohio Legal Services pamphlet with related details on current address for spouse not known – beginning on page 7 http://www.ohiolegalservices.org/public/legal_problem/family-law/legal-separation-divorce-and-dissolution/divorce-in-ohio-with-no-children-information-and-forms/divnokids.pdf
Pennsylvania - If you can’t locate the other spouse for service within 30 days – or 90 if the spouse lives out-of-state – you will need to go back to the Prothonotary and have the complaint reinstated. You then have 30 days to serve the reinstated complaint using one of the four methods described (certified mail, acceptance of service, service by competent adult, or sheriff’s service) – (and)Lancaster Co. pro se forms and instructions packet states to see an attorney if spouse location not known, and references the applicable Rule (Pa. R.C.P. 1930.4) for service http://www.co.lancaster.pa.us/prose/lib/prose/packets/divorcewithforms.pdf - Statutory Law for Service of Process: http://www.pacode.com/secure/data/231/chapter1930/s1930.4.html
Texas - Texas- How To Get Service of Process Over a Spouse That You Cannot Locate in Texas. See Also : Statutory Law for Citation by Publication: http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.6.htm#6.409 and additional information from a TX attorney site (Law Offices of Thomas P. Jackson) http://www.dfwlawyer.com/Filing_for_Divorce.aspx#Citation_and_Service
Virginia – VA Legal Aid manual on pro se divorce – see information beginning on page 3 http://www.valegalaid.org/files/E095B726-FCD8-81C1-17DC-A16C7ED73FFF/attachments/399EA16F-F982-45A6-8C41-F6ACF09F0420/divorce-simple.pdf – and VA attorney site that offers divorce by publication in VA (Michael Ephraim) http://www.ephraimlaw.com/publication.php and Statutory law for Service of Process: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-296 / http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-320 – Statutory law for Order of Publication: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+20-104