I am in the process of trying to serve my ex with papers for notice of show cause hearing. I have hired a process server as I live in California and my ex lives in Washington. The process server has made several attempts to serve her. she has had her living boyfriend answer the door and say she is not home, and now she has just stopped answering the door. My question is do I have to try other methods of serves (e.i. mail, publication), or will a letter from the process server stating that he has tried and failed because of avoidance be enough of an attempt in the eyes of the judge? Plus she has already stated in e-mail conversations that she has knowledge of the court date.
(i.e. mail, publication)......
Criminal Defense Attorney
Ask your process server to attempt service at places other than her home. Ask the process server to wait outside of her work, outside of the gym, or where she gets her hair done. Find out as much as you can about your ex's daily schedule and try to have her served when she is not expecting it. I suggest hiring a different process server if these options have not already been presented to you.
Divorce / Separation Lawyer
It is unlikely that her just avoiding service will be enough to get the court to approve an alternate form of service. The right person will find a way to get her served. If the boyfriend lives with her, then he can be served in her place. You can also have the local police or sheriff do the service.
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