Legal Question in Family Law in Georgia

I filed for divorce and gave my husbands address to be served. He is avoiding service, what do I do to get him served?


Asked on 2/25/10, 10:23 am

3 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

You may need to get a Special Agent for Service of Process appointed. Consult with a local attorney. If you would like to discuss this matter with me, feel free to call.

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Answered on 3/02/10, 10:42 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your lawyer should be able to discuss alternatives, such as a special process server or even published service. It sounds like you are attempting a contested divorce without a lawyer, which is almost alkways a disaster. Get legal counsel ASAP. Feel free to call me if you are in metro Atlanta,

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Answered on 3/02/10, 10:43 am
Edmund Burke Edmund B Burke, Attorney at Law

You have a couple of options. First of all, you can have the Court appoint a professional process server. This person will collect all relevant information about your husband (where he works, where he goes with friends, if he goes bowling etc.) and will endeavor to have him personally served, by handing him the papers. Of course, the process-server will charge for such a service. But, the Court may award you the costs that you have to expend on this, if he is avoiding service.

It might have been best if you had first delivered the papers to him by mail, requesting that he voluntarily waive personal service. Then, if he refuses, you have a statutory right to recover the cost of effecting personal service. But I think you did not do that, and you must in any case allow him time to voluntarily accept and sign for the papers.

Secondly, if your attempts at personal service (i.e. hand-delivery) fail, you can serve him by publication. You will need an attorney to do this, but you can eventually have him "legally served" if this turns out to be your only resort.

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Answered on 3/02/10, 10:46 am


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