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What do I do if i can't find him to serve him? Not yet. Only…

Customer Question
What do I do...

What do I do if i can't find him to serve him?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Not yet. Only the complete case forms

Lawyer's Assistant: Family law varies by state. What state are you in?

Louisiana

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is it. I've been waiting for this for 12 years. I'm tired.

Submitted: 6 months ago.Category: Family Law
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Answered in 13 minutes by:
3/19/2018
Family Lawyer: Attorney Wendy, Lawyer replied 6 months ago
Attorney Wendy
Category: Family Law
Satisfied Customers: 1,708
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am working on a response to your question and should have that to you shortly.

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Customer reply replied 6 months ago
Thank you so much
Family Lawyer: Attorney Wendy, Lawyer replied 6 months ago

Sorry for the delay. The rules for serving the other party in divorce or other family proceedings (e.g., paternity, custody, child support) in Louisiana are specific to that state and I wanted to be sure to review them. The first thing to consider is to make some effort to find him. Start with last known address, any friends you may know of his, family members, etc. who you are comfortable contacting for his current address. If you do not have his current address, you can start with his last known address. Providing the divorce/legal papers to the sheriff or constable to serve will be a starting point, providing whatever information you have that could be helpful in locating him. If that officer is unable to locate him for service, you will need to ask the court to appoint a curator. This person would be an attorney appointed by the court to represent him in the legal proceedings. That attorney will typically file an answer to your petition denying everything (since he would not have yet had contact with his client) and will then attempt to find him. If he cannot find him, the curator has methods to post notice in newspapers/publications to satisfy the court that every reasonable attempt was made to provide notice of the petition and allow him an opportunity to participate in the case. If he still fails to participate, you will eventually get a default judgment granting you the relief you requested. You may be responsible for the curator's fees, which are set by the court and typically are in the several hundred dollar range; if you want to attempt to keep costs down you can request a law school clinic, if there is one in your area, to provide the curator for the case.

Although there will be additional requirements if you cannot find him, the case can ultimately go forward without him if all the proper steps are taken.

I hope this helps. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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