How do I get a court date when spouse is avoiding being served?

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How do I get a court date when spouse is avoiding being served?

I live in Arkansas spouse
in Illinois. I hired a
process server but she is
avoiding service. They have
made seven attempts.

Asked on March 14, 2017 under Family Law, Arkansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Many times the non-filing spouse will avoid service of the divorce papers under the miconception that by doing so and not gettingt served, the filing spouse cannot move forward with proceedings. However, this is not the case. The court, in its discretion, can allow the petitioner (i.e. the filing spoiue) to make "service by publication" if the respondent (i.e. non-filing spouse) cannot be served with reasonable diligence either personally or by mail. It will be ordered that the summons to be published in a newspaper in the respondents last known location (the specific rules as to this vary from state-to-state). Once service has been completed, the respondent will be considered to have been served. If they then fail to respond within specified timeframe, then the petitioner can proceed with the divorce without their input. Typically, a divorce is granted on the terms that the petitioner asks for.
 


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