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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> service
Feb 14
2009

Ask A Lawyer: Long Distance Divorce

Posted by Rick Ortiz in service , international , Erik Carter , Cordell Cordell, PC , Ask A Lawyer

Question:

I have been seperated for 8 years and my ex lives in Mexico. I want to get married to someone else.

How can I get a divorce from here?

 

 

 

 

 

Nov 29
1999

Ask a Lawyer: How do you serve papers to the other party when have a confidential address?

Posted by Dads Divorce in sheriff , service , Rules , publication , process server , Procedures , Modification , IL , Ask A Lawyer

Question:

My husband is attempting to have his child support modified in Broward County, FL. We cannot afford a lawyer since we live in IL, so he is doing pro se representation. He sent the supplemental petition and appropriate papers and included last known address for service as well as a special note on the Process Service Memorandum notifying the Sheriff that his ex-wife had filed for confidential address last year (she's claiming "harassment" because he called to talk to his son). Therefore, the CoC should have her most recent address. He checked the Broward Sheriff's site today and the papers were marked as not served. FL Rules of Civil Procedure state the criteria for personal service--whether on a party, as required when modifying child support, or an attorney--and mentions that if no address is known, the papers shall be left at the CoC. So here's the general question: Does the CoC then send the papers if the other party has filed to keep their address private? How can we effect personal service on the other party, as required by FL law if we have no address for the other party? Again, he specifically stated on the Process Service Mem. that she had requested Confidential Filing of Address and that the CoC should have most current address. Any guidance here would be most helpful, as he gets no answer at the CoC telephone numbers he has been given, nor does anyone answer his messages. We've tried the self help email link on the appropriate website, but they just refer him to the CoC.

Answer:

I suggest that you look at the local and State rules for hiring a special process server. The cost is usually less than $100.00. The special process server will give you more time and focus on the issue than the sheriff's office. You can have her served at work if that address is known. Further if you know that she attends a specific function on a daily or weekly basis you can have her served at that location. For example if she bowls every Thursday night have her served at the alley. Finally, some jurisdictions allow service by publication if you are unable to obtain personal service. Review the state and local rules on that subject. I cannot answer your question specifically to the laws of Illinois or Florida as I am not licensed in those States.
Nov 29
1999

Ask a Lawyer: Indiana emancipation

Posted by Dads Divorce in service , national , military , Maintenance , IN , guard , emancipation , education , Child Support , Ask A Lawyer

Question:

I have an 18 year old son living with his Mom in Indiana. He graduated high school in May and will be going to College in the Fall. I just learned that he has joined the Indiana National Guard. Does this qualify as military service? Is this grounds for emancipation? He starts his basic training in a few weeks.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Indiana. That should be grounds for emancipation unless there are extenuating circumstances.