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Is there any advantage to serving divorce papers to my spouse first?

Irvine, CA |
Filed under: Divorce Green cards

My husband is British and I am American. He got a green card from the marriage and lived long periods of time away from me 4 yrs out of nine yrs.

When I maried him he was in the middle management-he built his career until 2 years ago when he quit his job and left for the UK (Nov 2008) Now he says that he is seeking disablility status in the UK and cannot work due to carpal tunnel.
He has evaded being served for months.
He has left me with mortgage and all liabilities.
Is it to my advantage to serve him(hire a process server)? Or just wait.

Attorney Answers 1


You should certainly serve him. However, if he's in the UK, you will have to use the specialized rules for overseas service. In the UK that means either Hague Convention service or service of process by agent through solicitors and process servers.

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