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buvu1
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(New)
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04/28/08 04:02 PM
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74.237.99.199
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Out of State Service Trouble?
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Hi all. My erstwhile wife(separated for 7 years)now lives in California. I just located her address. She won't sign any documents even though we have been apart for 7 years and have no contact.
Should I attempt to try to serve her in California, and try for a default, or should I consider the publication route that I saw at the Florida Bar site?
BTW, no children, no assets to speak of, married for 4 years, separated for 7.
Any advice(well, mostly any) would be welcomed.
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Re: Out of State Service Trouble?
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Have her served , you can't file by publication as you know where she lives . The first condition for a divorce by publication is " a good faith effort " to locate the missing spouse for service .
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buvu1
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(New)
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04/29/08 09:49 AM
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74.237.99.199
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Re: Out of State Service Trouble?
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Thanks, Answerguy. I will do it the right way, then. If she does refuse service, can I use that fact as dejure service?
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Re: Out of State Service Trouble?
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Technically , she can't refuse service as long as it's done legally . She can choose to ignore the petition by not answering . If so , you can motion for a default divorce .
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