cannot find spouse
in [Divorce]
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From: ddamxxam on 24 Jan 2006 15:59 I have a friend who cannot afford an attorney; is trying to do the divorce alone, but cannot find addict STBX to serve papers. Judge keeps continuing case because he has not been served. Friend has run public notice ad in paper, etc. Case still continued. Next steps?
From: Rog' on 24 Jan 2006 17:36 <ddamxxam(a)yahoo.com> wrote: >I have a friend who cannot afford an attorney; is trying to do the > divorce alone, but cannot find addict STBX to serve papers. > Judge keeps continuing case because he has not been served. > Friend has run public notice ad in paper, etc. Case still continued. > Next steps? Typically, service by publication requires that an affidavit of diligent search and a proof of publication (usually supplied by the newspaper) be filed with the court. If your friend does not know how do proceed, he or she cannot afford not to consult an attorney, as otherwise the court may dismiss the case. =R-
From: Dusty on 24 Jan 2006 21:31 <ddamxxam(a)yahoo.com> wrote in message news:1138136384.670623.262130(a)g49g2000cwa.googlegroups.com... >I have a friend who cannot afford an attorney; is trying to do the > divorce alone, but cannot find addict STBX to serve papers. Judge keeps > continuing case because he has not been served. Friend has run public > notice ad in paper, etc. Case still continued. Next steps? "Friend" can't afford to hire an attorney?? If it's a "she", then "she" needn't worry, the court will appoint one.. The judge is right. If you can't find the person in question, no matter what their status (addict or otherwise), then not much will happen. Of course the court can always have an exparte motion and proceed from there, but that won't hold water in front of a real court of law (only family court). And just because you think a person may be an addict to whatever, doesn't make it so - prove it. Just because I ran an add in the Hong Kong Times doesn't mean that you read it, now does it? Your next logical step is to give it up. Troll.
From: Rog' on 24 Jan 2006 23:27 "Dusty" <No_one(a)home.org> wrote: > "Friend" can't afford to hire an attorney? If it's a "she," > then "she" needn't worry, the court will appoint one. Courts, generally, do not appoint attorneys in civil proceedings, such as a divorce. However, in many communities, there are legal aid organizations that offer free legal services to indigents. Check with the clerk of court or look under "Social Service Agencies" in the yellow pages for a telephone number. =R=
From: Doug Laidlaw on 25 Jan 2006 07:59
Rog' wrote: > "Dusty" <No_one(a)home.org> wrote: >> "Friend" can't afford to hire an attorney? If it's a "she," >> then "she" needn't worry, the court will appoint one. > > Courts, generally, do not appoint attorneys in civil proceedings, > such as a divorce. However, in many communities, there are > legal aid organizations that offer free legal services to indigents. > Check with the clerk of court or look under "Social Service > Agencies" in the yellow pages for a telephone number. =R= Can't you get an order to dispense with service, or for "substituted service"? We can in Oz. You have to search in all the right places, then say to the Court that you have done everything possible. The Court will then make an order that an advertisement in a newspaper is enough, or perhaps post a copy of the papers to somebody who might be in contact with the Respondent, or both. It will depend on the Rules of court for your State. Talk to a Court official, or a legal aid office. Or best, get a lawyer! Doug Laidlaw, LL.B. (Melb) Solicitor, Victoria, Australia. |