Eugene, OR asked in Divorce for Oregon

Q: ive been seperated for over a year I filed the divorce papers 45 days ago. The sheriffs office has tried serving him

but he has no job or place to live. hes a drug addict and lives on the street or wherever he can How do i proceed with this divorce ? thank you for your time

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • Portland, OR
  • Licensed in Oregon

A: With the help of an attorney you can get a special order from the court outlining what steps you can take to alternatively serve someone when conventional service isn't possible. You are going to need an attorney to help you as there isn't a form for this in the courthouse or on line. It basically involves explaining to the court what you have already tried and then asking the court to approve a list of alternative ways you propose to notify your husband of the divorce. Your Attorney will list all the ways you think you can notify your husband by delivering notices to people he knows and places he frequents on the court paperwork and then the court should approve it. This becomes an order for alternative service. Then you just do all the things on the list a file into the court a report of what was done (proof of service by alternative means).

To alternative service you will want to propose all the ways that you think you can notify your husband through people he knows and places he frequents. For example, if he has a social worker you could deliver a copy to the social worker. If he normally goes to some type of service center or lives in a particular homeless camp, you can post a notice there. You would want to send copies to all his known friends and relatives. You will probably also need to publish a notice in a newspaper like the daily journal of commerce although I would agree with you that this is a very outdated way of giving legal notice. If he uses social media and say has a Facebook page, you would put a notice on his FB page. Start making a list of all the secondary ways you think you can notify him and go and talk to an attorney.

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