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Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I am trying to serve my husband with divorce papers and he

Customer Question

I am trying to serve my husband with divorce papers and he refuses to accept them. I live in the state of PA. I have already tried serving him three times at the advice of my father and an attorney. My father has been attempting to control the whole divorce situation. Can I post something in the paper and have that count as him being served with papers? I am trying to find a pro bono attorney. I tried Mid Penn legal services but they said they can't help me because I've already filed for divorce. I've also contacted the PA Bar Association and am waiting for a call back from their pro bono department. I work for a non-profit as a counselor and don't make a lot of money. Should I wait until the 2 year mark to move forward with the divorce? November 8 will be 2 years since we separated. We have no children, no assets, and just one credit card debt between us. I don't know what to do. My attorney hasn't even actually agreed to be my attorney and has not been helping me, and still hasn't told me what to do next to get this divorce finalized. What seems like a simple divorce is turning out to be unnecessarily complicated. Please help!
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
I suggest, that with evidence of your attempts to serve which appear to be a deliberate avoidance of service, you can fill out an Affidavit stating that you have tried, evidence the attempts and file a Motion to Request alternative service.
The clerk of the court should have forms to do this, pro se - without an attorney.
Rule 430. Service Pursuant to Special Order of Court. Publication.
(a) If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made.
A sheriff’s return of ‘‘not found’’ or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a ‘‘good faith effort’’ to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976).
An illustration of a good faith effort to locate the defendant includes
(1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 CFR Part 265,
(2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records.
(b)(1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice substantially in the following form:
NOTICE
If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
(NAME)
(ADDRESS)
(TELEPHONE NUMBER)
Official Note
The office shall be that designated by the court under Rule 1018.1(c).
(2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown.

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