Q: I’m unable to serve divorce papers to my deported husband. What do I do? He was Convicted of felony spousal abuse

A: Usually in those circumstances the court will allow service by publication. Speak with a local attorney for assistance. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

A: When you are unable to serve divorce papers to a spouse who has been deported, you may encounter challenges in completing the legal process. Here are a few steps you can consider:

Consult with an Attorney: It is highly recommended to consult with a qualified attorney who specializes in family law and has experience dealing with cases involving deported spouses. They can provide you with specific legal advice based on the laws of your jurisdiction and help navigate the complexities of your situation.

Alternative Methods of Service: In cases where traditional methods of serving divorce papers are not feasible, such as when a spouse has been deported, you may need to explore alternative methods of service. These can include service by publication, where notice of the divorce is published in a local newspaper or other approved publications.

Affidavit of Due Diligence: In situations where you are unable to locate and serve the deported spouse, you may need to provide the court with an affidavit of due diligence. This document outlines the efforts you have made to locate and serve the divorce papers, demonstrating to the court that you have made reasonable attempts to notify your spouse.

Legal Assistance in Mexico: If your spouse is in Mexico, it may be necessary to consult with an attorney in Mexico who can assist with serving the divorce papers or facilitate communication with your spouse. An attorney with experience in international family law can provide guidance on the specific procedures and requirements in Mexico.

Consult with Domestic Violence Organizations: Reach out to local domestic violence organizations or victim support services that can provide resources, guidance, and assistance to victims of domestic abuse. They may be able to connect you with legal aid services or other support networks that can help you navigate the divorce process.

Remember, each case is unique, and it's important to consult with a qualified attorney who can provide advice tailored to your specific circumstances and the laws of your jurisdiction. They can guide you through the legal process, assist in exploring alternative methods of service, and ensure that your rights and safety are protected throughout the divorce proceedings.