The process server cannot locate him. He says that he will return 9/24. Even if I file in Washington the service would not occur until 9/24. Can his lawyer accept the service?
I am going to go out on a limb here...if Washington State is your resident State, which means you live here and you intend to continue to live here, you might consider dismissing the Georgia action, if you can, and file in Washington. Like Georgia, Washington does not require any reason to get divorced. It may be easier for you to manage the divorce from your home state. You can serve him through publication if you get the court's permission to do so, which would relieve you of your process server issue in Georgia. No, you cannot serve him by serving his attorney, unless his attorney will accept service. It is generally, unusual for an attorney to accept service for a client. You can always call his attorney and ask him if he will accept service, but you will still be doing a long distance divorce, which might not be very convenient for you. Probably a little bit more information than you were looking for, but good luck. I can recommend specific attorneys in the tri cities area if you want to give me a call.
This is not legal advice.
Family Law Attorney
You are talking about waiting 9 days before you can serve him. How long have you already waited trying to serve in someplace in Georgia? Dismiss the Georgia action and refile in Washington. Serve him when he arrives and move on.
Family Law Attorney
Sorry to hear about your situation. If you are now aresident in Kennewick, dismiss in GA and refile here in Benton County, WA. Serve him on 9/24. Let him come here.
This answer does not create an attorney-client relationship and is intended to be a general statement of legal principles only. It should not be relied upon for any specific action. Please seek the advice of a qualified local attorney to review your specific case.