What do I need to be able to do to be granted form by alternative service?
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What do I need to be able to do to be granted form by alternative service?
I have filed for divorce in Oregon, Im unaware of my
husbands whereabouts, I have contacted his family
and friends, no one is willing to prove me any
information. I have gone to his last known employer,
he no longer works there, I have mailed service
copies to my addresshis last know address, in
hopes that the post office had a forwarding address
but also had no luck. The judge has denied my
motion for alternative service twice now, with out any
real explanation. Im not sure if Im missing any vital
step, or if Im doing something wrong? Or what I can
do now?
Asked on April 25, 2018 under Family Law, Oregon
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You might want to check your case file at the court to see what the judge's decision says as to why your motion was denied. If you know the case number, present it to the court clerk and ask to see the file. If you don't know the case number, look for your name under petitioner in the court's computer to obtain the case number. Then, present the case number to the court clerk and ask to see the file. You can't remove the file from the court, but can ask the court clerk to photocopy the file or sections of the file you want.
You can have a process server do a skip trace to try to locate your husband so that he can be served with your documents.
If the process server is unable to locate your husband, you can have him served by publication which is running a notice of your divorce filing in the legal notices section of a newspaper for a specific period of time. The court clerk can tell you how long the notice must run to be effective service by publication. The length of time varies from state to state. Service by publication is effective even if your husband never sees the notice in the newspaper.
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