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What happens is a spouse can not be served divorce papers?

Houston, TX |

Spouse has been avoiding process server and I want to know what will happen if he is not served by the court date? He is good at avoiding issues, how far will the process servers go to serve him papers? What will happen if he does not show up for court? What will happen if he can not afford an attorney?

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Attorney answers 2


If he has not been served with papers, then the court will not proceed with the case. However, there are alternative methods to serve a person avoiding service including posting a notice in the newspaper. You should talk to your lawyer about how this works.

If he cannot afford an attorney he will have to represent himself or get legal aid help.


If he is not served prior to the court date, the court cannot hold the hearing.

Are you using a private process server or the constable? If you are using a private process server, ask him to do a Rule 106(b) Affidavit. (The constable can do this too, it's not always easy to get them to, depending on the particular constable).

If he is served in time and does not appear, you will be entitled to a default judgment.

If he can't afford an attorney, he'll have to represent himself, the case will drag out, but it will be done eventually.