Imagine that for months, you and your spouse have been coasting through your marriage, neither completely happy nor actively seeking a divorce process server. You’ve settled into a routine that works, mainly because it keeps the peace at home with the kids. But, you’ve never thought of shaking things up with a divorce. After all, the current setup, while not perfect, seems manageable and even comfortable. Why introduce potential distress to your children or face the uncertainties a divorce could bring?
However, conversations with friends and family can shift perspectives. Suddenly, you realize life is short, and spending it in an unfulfilling marriage doesn’t do anyone any favors. With this new outlook, you decide to proceed with a divorce. You consult a lawyer, set clear objectives for your case, and initiate the legal process. Now, the next crucial step is to inform your spouse of the divorce.
Providing notice is a vital component of the divorce proceedings. It’s not as simple as a casual phone call or a note left on the mirror. Legally, your spouse must be formally notified that you have filed for divorce, obliging them to respond and engage in the lawsuit. In today’s blog from the Law Office of Bryan Fagan, we discuss the importance of using a professional process server to ensure this notification is legally sound.
Starting your divorce effectively means avoiding mistakes, ensuring your paperwork is accurate, and kicking off negotiations promptly. Any delays can result in lost time and money, impacting not just your personal life but your professional life too. Involving a process server early can help streamline this phase, keeping your divorce proceedings on track and efficient.
What to do when your spouse avoids the paperwork of a divorce
In discussing divorce paperwork, key documents include the Original Petition for Divorce, a Notice of Temporary Orders Hearing, and a citation. These are crucial for initiating the divorce process. The citation is especially important because it records the exact time and date your spouse was served, essential for activating the divorce timeline.
Once served, your spouse must respond by the first Monday after twenty days have passed. Failing to respond risks a default judgment, which could entirely favor you.
In Texas, the law ensures personal service rights for the divorce notice. This allows your spouse adequate time to reflect on the case, consult a lawyer, and prepare for the proceedings. A significant challenge arises if your spouse tries to avoid this service.
Avoiding service can delay your divorce. The length of the delay depends on how long your spouse can dodge service and how quickly the court can approve an alternative service method. To handle this, engage a professional legal process. Providing the process server with potential locations where your spouse might be found can streamline service.
Throughout this process, your process server will update you and your attorney regularly. This communication is key to evaluating the likelihood of successful future attempts. If your process server believes your spouse is nearing a point of acceptance, they will inform you immediately. However, if service attempts fail repeatedly at various addresses, it might be necessary to consider alternative methods of service.
What is substituted service?
If you’re unable to serve your spouse with divorce papers through personal service, you’ll need to explore alternative methods. This involves filing a motion to inform the court of your efforts. You will likely need to attend a hearing where you can provide detailed accounts of your attempts to serve your spouse personally.
If you know your spouse’s current residence since filing for divorce, inform the judge. This could lead the judge to approve leaving a copy of the petition at that location. For instance, if you consistently see your spouse’s vehicle at a particular address, this could indicate a viable service location.
At this point, your processor can visit the residence and leave a copy of the petition in a visible spot like the front door mat, in the mailbox, or with any adult present at the home. A common misconception is that service isn’t complete unless the paperwork is read. However, the completion of service by the process server, followed by official documentation sent to the court, finalizes the service process for your divorce, regardless of whether your spouse reads the documents or discards them.
Does it make sense to try and avoid service?
When your spouse tries to avoid being personally served with the divorce papers it could mean a delay for your case. However, that does not mean that he can forever delay or avoid the divorce altogether. We can think about a divorce like a train coming down the tracks. You start the train off on its journey and it is up to your spouse to determine if he wants to jump aboard and go along for the ride. The point is that the divorce will move on regardless of whether your spouse participates.
From your perspective, you need to know that you can obtain a divorce from your spouse even if he does not participate. Once proof of service has been on file for ten days then you can go to the judge with a completed final decree of divorce. What the judge can do at that point is to approve your final decree of divorce. Your divorce would be over at that point. Your spouse could file a motion for a new trial in the future but otherwise, the divorce would be final once the judge signs your final decree of divorce.
What can your spouse do to challenge a divorce that he did not participate in?
Your spouse would have up to thirty days after the date the divorce decree was signed to file a motion for a new trial. Typically, a default divorce is relatively straightforward as far as arguing a motion like this. Your ex-spouse would need to point out that he was never personally served and had no idea about the hearing that occurred where your final decree of divorce was approved.
On the other hand, you would be able to present evidence on that motion for a new trial which goes through all your efforts to have him served personally and the ultimate method that was accepted by the court. Additionally, if you can provide evidence that your spouse knew of the divorce proceedings even incidentally then that will be relevant to the proceeding, as well. If a motion for a new trial is granted, then the divorce would start from scratch. However, a denied motion for a new trial would result in the final decree of divorce signed by the judge previously being upheld.
How avoiding service of process can impact your divorce case
Avoiding service can significantly delay your divorce case, leading to unresolved issues within your marriage. Actively pursuing the divorce is crucial for its completion. However, frustration with the process might tempt you to neglect the case, risking its dismissal by a judge.
In the short term, dodging service can create financial challenges. For example, if your spouse handled most household bills and is now unreachable, you might struggle to cover expenses like the mortgage and utilities. You may need to secure employment, dip into savings, or use credit cards temporarily.
Consider the effect of a delayed divorce on your children. Children require stability and consistency; they need to know where they will sleep each night and that their daily routines won’t be disrupted. Consistency includes having both parents actively involved in their lives. If your spouse is avoiding service and is not present at home, this can disrupt their routines and prompt questions about the future.
It is essential not to make unreliable promises about your spouse’s involvement or the divorce’s timeline to your children. Making promises you can’t keep can erode trust, leaving them unsure about who to rely on during this time. Instead, assure them that you will remain a consistent presence in their lives, despite the divorce.
Working with a professional process server can effectively manage these challenges by ensuring your spouse promptly receives all necessary legal documents, thus keeping your divorce process on track.
What you can do to avoid a situation where your spouse avoids being served
Navigating a divorce when your spouse is avoiding service can seem daunting, but you are not alone. In such situations, adjusting your approach and redefining your goals might be necessary, but it’s crucial to maintain a positive outlook. Focus on being a stable presence for your children, regardless of the changes happening around them. If your spouse dodges service, utilize the time to strengthen your case and understand the divorce process better.
When dealing with service avoidance, a professional process server becomes indispensable. They ensure that your spouse receives the necessary legal documents, allowing your case to progress. Once served, you could be in court finalizing your divorce in as little as ten days, assuming all deadlines are met.
Divorce complexities, especially when it comes to dodging service, require skilled legal guidance. The attorneys at the Law Office of Bryan Fagan are ready to support you through these challenges, ensuring you can navigate your divorce with confidence and clarity.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as how your family’s circumstances may be impacted by the filing of a divorce or child custody lawsuit.
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Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
