What happens if my husbandwill not accept service and not sign for the divorce summons?
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What happens if my husbandwill not accept service and not sign for the divorce summons?
I recieved a letter saying he has not signed for them and they are trying to serve him a different way.
Asked on July 15, 2011 under Family Law, Ohio
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You will need to now wait for this traditional method to fail and if this doesn't work, you can publish notice pursuant to your state's rules of civil procedure. Publication is often considered a proper notice (think of foreclosure actions, business closings, sales), and then once the time has lapsed pursuant to those rules of civil procedure, you can show the certified notice of publication from the newspaper and the divorce court can then proceed as if notice had been personally given. Try getting him served personally if you wish when he least expects it. So someone will know where he lives or works and when he is out shopping or getting into the car, he can be served.
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