If I file pro se for divorce, do I have to put my physical address on the filing or can I use a PO Box?
Question Details: My husband has said that he will not contest the divorce, but I left him because I was afraid for my safety and his behavior is very unpredictable. I do not want him to know where I live as he has made threats in the past. I cannot afford an attorney, but if he changes his mind and decides to contest the divorce, won't I have to give a physical address where he can serve me his answer? Or could he serve me by certified mail, restricted delivery, to my PO Box?
I strongly advise you to seek counsel. Click here to see why: http://thebryantfirm.com/blog/2009/10/26/self-diagnosis-prognosis-and-treatment-of-legal-sickness/
You have a couple of options. You can search the web for organizations that provide legal aid to low income families. If you qualify, your only fee is the filing fee and service of process fees. You can also file a petition called a Petition to Proceed In Forma Pauperis. If properly filed and signed by the judge, it would allow you to proceed without paying the filing fee.
Most attorneys will not represent you without paying a large retainer. If you live in Northwest Arkansas I can do it for $425.00 plus costs if it is uncontested, or $85.00 per hour if it is contested. And I can put you on a payment plan so that you don't have to come up with a large retainer.
Now to answer your question, yes you can list a P.O. Box at which he can send you his answer and other pleadings. In fact, that doesn't have to be certified restricted. He only has to provide a certificate of service indicating that he actually served you with his answer or other pleadings. If you are concerned about your safety, you should also seek an order of protection and inform the police any time he threatens or harrasses you. Please let me know if I can be of any assistance at all.
Joshua S. Bryant
Attorney at Law
The Bryant Firm, P.A.
609 S.W. 8th Street, Suite 600
Bentonville, AR 72712
(479)286-1129
www.thebryantfirm.com
This communication does not begin the attorney/client relationship.
