[mscraker]

We live in Florida, but my boyfriends wife lives in NC. We paid the sheriff up there to serve her for divorce and when I called to check on the status, I was told it was returned to the Clerk down here "unservable". What does this mean, as far as the next step to getting the divorce? We can't afford a attorney, so we are doing this all ourselves (no, he can't get legal aid). Can I file the default now, do we have to wait 20 days to file the default, or what? Any help would be greatly appreciated, as we started this process in January and have beeen getting the run around by the clerks office. Their attitude is... get a lawyer!

Desperate in Seminole County, Florida:eek:

[twinkiedooter]

Unserveable is probably the term NC uses for "no service". You need to hire a private process server to serve the paperwork. They will make better attempts at trying to serve her with the paperwork. The Sherrif's dept does not try that hard - they do try though. Do you have a "good" address on her? Did you also include her work address as well? Did you include the make, model, year, color of her car and possibly the license plate number to help? Did you also include a physical description of her as well? You can't file a default unless she has been properly served. The Clerk will not let a default be entered unless proper service has been received by the Clerk's office. Look online in the city that she lives in to find a process server and go from there. They cost a little more than the Sherrif's office, but you will get service. You will have to go back to the Clerk's office and have the paperwork Summons reissued. They should show you how to do this there. Then mail the reissued paperwork with the original Complaint for Divorce to the process server for proper service.

[mscraker]

I found where she paid personal property taxes on her car in NC so that is the address we used. These taxes were paid in January, so god only knows where she is now (she is a mover).
Sounds like we might have to go through the whole Delingent search and Inquiry route again? We did this route when we first started, went through everything as far as filing the defualt and calling to request the hearing. The judges case manager called my boyfriend and said that we did not search enough and the judge would throw it out. She then said that if there was anyway we could come up with an address for her, that it would be a lot easier and faster. LOL
So after calling or hunting down everybody they had ever known, someone said they had heard she was in NC (she had just disappeared from FL and they do not have any kids). I found 2 addresses for her in NC and gave both of them to the Sheriff up there.
All I know is that I am about to pull out my hair.
Thanks

[George_1950]

If I read correctly, the wife lived in Florida and moved to North Carolina. Your boy friend may not know an address in NC. He may have for her a 'last known address' in Florida. If he can't find her at her last known address, then perhaps use the service by publication option. Check with the clerk of court or the case manager if you are getting along well.
Check this: http://processserverflorida.com/default.aspx
And: FreeAdvice.com :: Linked Information

[Fr_Chuck]

First often in divorce proceedings you can't afford not to have an attorney, since often after trying legal service, the court will allow you to merely post notice in legal paper and procedure with the divorce because she can't be found. But without an attorney you are just not going to make all of this happen

[progunr]

You need to find out what the rules of service are for the jurisdiction where you need it done.

Some will allow by certified mail, some will allow the notice to be posted on the residence, if can be verified as a valid address, if no one answers the door. As already mentioned, some will allow it to be published in a local publication as well.

The recommendation for a private process server is good, they would know what the options are in that area, should the service be unsuccessful.