I'm in CA. I am trying to get a divorce from my husband whom I haven't lived with in many years. I started the proceeding with a private investigator getting his current address. I attempted to have him served but with no luck. The process server filed an affidavit saying that they attempted but no luck. I then filled out the order from the court to have it placed in the newspaper. I posted in the news paper for the required amount of time. During the time, that this was being advertised, I found out that the address I originally had is the correct address but he will not open the door to be served. I foolishly put this address in my Request to Enter Default Judgment. My paperwork has been returned 2 times from the court saying Since the address was ascertained, default cannot be entered as submitted. I am at my wits end trying to get a divorce and have almost given up hope.

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Originally Posted by MoniqueB69

I'm in CA. I am trying to get a divorce from my husband whom I haven't lived with in many years. I started the proceeding with a private investigator getting his current address. I attempted to have him served but with no luck. The process server filed an affidavit saying that they attempted but no luck. I then filled out the order from the court to have it placed in the newspaper. I posted in the news paper for the required amount of time. During the time, that this was being advertised, I found out that the address I originally had is the correct address but he will not open the door to be served. I foolishly put this address in my Request to Enter Default Judgment. My paperwork has been returned 2 times from the court saying Since the address was ascertained, default cannot be entered as submitted. I am at my wits end trying to get a divorce and have almost given up hope.

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Why is your husband so adamant about not getting a divorce? Or is he simply hiding from other process servers because of financial troubles?

Is your husband employed anywhere? He has to leave the house at some point; your best bet may be to just have the P.I. stay on him and serve him out in the open.

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Originally Posted by this8384

Why is your husband so adamant about not getting a divorce? Or is he simply hiding from other process servers because of financial troubles?

Is your husband employed anywhere? He has to leave the house at some point; your best bet may be to just have the P.I. stay on him and serve him out in the open.

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I spoke with him. I believe he is hiding because of financial troubles. I had the process server attempt to a second time to serve. Same problem. Will not open door. Even after I explained what and who it is. I already told him I don't want anything from him. I just want a legal divorce.

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Originally Posted by MoniqueB69

I spoke with him. I believe he is hiding because of financial troubles. I had the process server attempt to a second time to serve. Same problem. Will not open door. Even after I explained what and who it is. I already told him I don't want anything from him. I just want a legal divorce.

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What does the judge say in regards to this? Could your husband send something to the court saying he consents to the divorce?

Also, check with the court on what constitutes legal service. You may be able to do a nail and mail.

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Originally Posted by this8384

What does the judge say in regards to this? Could your husband send something to the court saying he consents to the divorce?

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If he is I haven't received any response. Which in the county I live in I am supposed to get a copy of His response. The facilitator said there was nothing filed.

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Originally Posted by ScottGem

Also, check with the court on what constitutes legal service. You may be able to do a nail and mail.

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I did mail the copy of the service as part of the order to publish summons. I never got the certified green card back but It was delivered per USPS website. I have never gone before the judge. This is all legal fillings. I was told by an attorney that is all I would have to do is a bunch of legal paperwork.

To answer the other poster: I don't believe my soon to be ex wants to stop the divorce. He might be trying to protect his assets. We haven't lived together for many years. As I said before I don't want anything but the divorce and which I told the facilitator that and that was clearly stated in my paperwork.

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Originally Posted by MoniqueB69

I did mail the copy of the service as part of the order to publish summons. I never got the certified green card back but It was delivered per USPS website. I have never gone before the judge. This is all legal fillings. I was told by an attorney that is all I would have to do is a bunch of legal paperwork.

To answer the other poster: I don't believe my soon to be ex wants to stop the divorce. He might be trying to protect his assets. We haven't lived together for many years. As I said before I don't want anything but the divorce and which I told the facilitator that and that was clearly stated in my paperwork.

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Then he's just being difficult because he can. He probably doesn't want to give you anything in the divorce, but he also doesn't want to come to court and increase his chance of being served by any of the other people who are trying to reach him as well.

Do you have an attorney? I would recommend getting one. If you're just looking to have a quick and cheap divorce, no arguing over property or assets, it shouldn't cost too much and will save you this headache of constantly chasing after him just to get him served.