Houston, TX asked in Child Custody, Divorce and Family Law for Texas

Q: Hi i had my spouse served for divorce but he is avoiding being served how can I go on with my divorce

He was even arrested and they didn’t serve him then either they haven’t returned anything saying he was served or unserved how can I go on with the final decree of my divorce and I don’t have a lawyer to represent me in court I don’t know what I need to have or take with me

1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: You should contact your process server to obtain an affidavit showing each unsuccessful attempt to serve your husband. Then use it to file a motion for substitute service of process under Rule 106.

This is a relatively simple task that most family law attorneys would delegate to a paralegal or even to a legal assistant. If this appears complicated to you, you should not be attempting to represent yourself and should hire a competent family law attorney to assist you in your divorce proceedings.

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