Info about divorce

[VetsWife328 7]

Maybe someone here can answer my question:

My Fiance has filed for his divorce in WA State Oct 12th,meaning he put the petition for that in.Next step is to have the soon to be ex served with the papers,well and here's the problem.

We paid the Sheriffs Deartment in her City for the papers to be sereved to her more than 3 weeks ago and so far NOTHING has happened.We think she silmply doesn't open the door and kinda hides.....

The have been sepereated since Dec 2001 and have NOT even seen each other since then,but yet she doesn't want to let him go.........

I have talked about this here before......

What can be done now???

The Copuntdown wont start until she has been served with the papers,it akes exactly 90 days from that date until my man is free to put our I 129F in.

Anyone know what can be done????

We're desperate.......She has fooled us twice already by having served him with Divorce Papers that he of course signed and had them notorized ,but she always backed out and never filed anything.So now we did it from WA where my man lives.She lives in VA in case that info helps any........

Nat

[Ken_Maria 0]

Maybe someone here can answer my question:

My Fiance has filed for his divorce in WA State Oct 12th,meaning he put the petition for that in.Next step is to have the soon to be ex served with the papers,well and here's the problem.

We paid the Sheriffs Deartment in her City for the papers to be sereved to her more than 3 weeks ago and so far NOTHING has happened.We think she silmply doesn't open the door and kinda hides.....

The have been sepereated since Dec 2001 and have NOT even seen each other since then,but yet she doesn't want to let him go.........

I have talked about this here before......

What can be done now???

The Copuntdown wont start until she has been served with the papers,it akes exactly 90 days from that date until my man is free to put our I 129F in.

Anyone know what can be done????

We're desperate.......She has fooled us twice already by having served him with Divorce Papers that he of course signed and had them notorized ,but she always backed out and never filed anything.So now we did it from WA where my man lives.She lives in VA in case that info helps any........

Nat

Unfortunately, unless there is a Family Law attourney here in VJ, most of us can only give you our opinion and experiences. Since she is in one state and he is in another, this makes it more difficult. Since she has already filed twice from VA, I would check to see what the Family Laws in VA state. He may be able to expedite the process based on the dates of the filings in VA and not have to wait the 90 days in WA.

Not sure what he was waiting on since 2001, but he should have taken the initive and filed for divore a long time ago. Good luck and make sure he gets a certified copy of the divorce decree, not just a copy from a lawyer. Payato

[MDSMIF 0]

Listen I am not an attorney but I have had the same problem. He can still get divorced. She cannot stop that. He just needs to show he made a good faith attempt to locate her and have her served the papers. The judge will issue the divorce in absentia. Tell him to consult an attorney though for specific laws in his state.

Good luck.

[ready4ONE 5,400]

I work in a court system. Your fiance should contact the court he filed the divorce paperwork in, but a solution to the service problem could be to have him post the notice in the local paper (probably where she is believed to live, or his own local paper.) The court can tell your fiance how to do this, how long the notice needs to run etc. Then he can get the divorce without the need for direct personal service.

If she actually filed court papers in Virginia that could complicate the process somewhat. Your fiance may need to determine if anything was filed himself, or perhaps find an attorney.

Hope this helps! Good luck on your journey!

Edited November 19, 2006 by ready4ONE

[VetsWife328 7]

Thanks to you all for the advice.

My man is in CA right now attending school,but as far as we know he will be able to go home to WA for a few days after his Graduation this Tuesday.

I will make sure he calls the courts in WA to see what in the world we can do now.

It's just SO nerve wrecking........

Even though she sent him Divorce Papers twice (August of 2004 and May of 2006) she NEVER filed anything with the courts in Virginia.......

So that wont help us none I guess.

And as for him doing it,well until he really knew what he wanted (getting married to me) he really didn't care about being divorced or not since he was stationed in Germany/Kosovo/Iraq/ and she stayed in the USA.

Plus they got married after "knowing" each other for only 6 weeks and I guess he just didn't want to even be able to make the same mistake again.

Know that he knows what he wants we have to deal with this mess.....

Like I said it's nerve wrecking-but we'll make it !! We've been through a lot more than this already and this right here is just the last step before we can apply for the K 1 so I can go to the USA with my son and we can finally be a complete family.

Again,thanks to ya all.

Natasha

[meauxna 15]

OMG, poor thing--this is like the NeverEnding Story!

You need Dog the Bounty Hunter or some other weirdo who will follow her until he can catch up.

She's got to go to Fred Meyer some day!

[rebeccajo 14]

What addresses did you list you for her when you filed the papers?

The deputy can only go where he's instructed. She can be served at work if you provided that address.

The alternative is a process server, who will be a bit more vigilant in his attempts at service. The court might be able to provide you with the names of a few in that area. A bit more expensive but worth it in your case.

Your husband's attorney should be helping with this. If you are filing pro se, you are (in my opinion) asking for trouble given not only the distances involved, but the past history of this 'divorce'.

Edited November 20, 2006 by rebeccajo

[desert_fox 32]

How could she send him divorce papers without filing a complaint in VA??

Serve her by certified mail. If she has an attorney of record, just send him the complaint...she is served.

Use a professional process server. Serve her at work. etc.\

[wjr 3]

Maybe someone here can answer my question:

My Fiance has filed for his divorce in WA State Oct 12th,meaning he put the petition for that in.Next step is to have the soon to be ex served with the papers,well and here's the problem.

We paid the Sheriffs Deartment in her City for the papers to be sereved to her more than 3 weeks ago and so far NOTHING has happened.We think she silmply doesn't open the door and kinda hides.....

The have been sepereated since Dec 2001 and have NOT even seen each other since then,but yet she doesn't want to let him go.........

I have talked about this here before......

What can be done now???

The Copuntdown wont start until she has been served with the papers,it akes exactly 90 days from that date until my man is free to put our I 129F in.

Anyone know what can be done????

We're desperate.......She has fooled us twice already by having served him with Divorce Papers that he of course signed and had them notorized ,but she always backed out and never filed anything.So now we did it from WA where my man lives.She lives in VA in case that info helps any........

Nat

I went through this also, but I had not seen my ex for 18 years and had no idea where he was at. When I told them that they had me post an ad in the paper where I I knew him to be at last, stating that I was filing for a divorce. If he did not answer within (I believe it was 1 month) then they continued on with the divorce and him not being present. I am sure that they would have some type of procedure like that where your fiance lives, they can not make someone stayed divorce just because someone does not want to open the door. Plus if it is able to be done after so many attempts and she is not aware that they continued without her, it would probably be better because it would take away the chance of her holding the case up even more (IE: not wanting the divorce, wanting money from him, not agreeing to the terms of divorce, etc.). Hope this helps a little, WJR.

[VetsWife328 7]

My man is going to be home in WA soon and he will call the Court to find out WHAT we can do.

The address we have for her is the one she gave to him when she sent him Divorce Papers last May.....

We don't know where she works........

The fact that she never filed for the Divorce even though she sent him papaers twice is easy,she only needed to pick up the papers from the Court House on a agreed Divorce,sent him the papers and have him sign everything and then she would have had to actually FILE the papers with the court.And that's what she never did do.

Now we took the set of papers that she does not have to sign in order for the Divorce to go through.The ONLY thing we need s that them papers BE SERVED to her.

And for some reason the Sheriff's Department in her City is unable to do that.We don't know how many times that have tried so far but it's been more than 3 weeks.

I keep checking our Case Status online with the Court in WA but of course nothings updated because we're waiting for the papers from VA that say that YES she has been served with the papers.....

BUT-

we should know more by the end of the week........

Nat

[dmartmar 1]

No one needs to be served anything per se.

As long as you put an ad in the paper, you can get the divorce.

You just have to prove it to the judge.

[luvaLimey 0]

My mom and step dad tried that with his ex. He didn't even have an address for her, only for her parents, and she would never respond to the papers he'd send to that address. The courts didn't accept that they'd been sent to her parents; they had to be sent to her. So he took out a legal announcement in all the local papers in the general area that he thought she was living in but the judge didn't accept that either.

Then, she sent him a letter. There was one line in the letter that said "I can't wait for this divorce to be final"... this was 9 years after they'd separated. He took that to the judge, and the judge took that as her agreeing to the divorce and granted it right then.

It might be possible if you still have copies of the divorce papers she sent him, to take those to a judge as proof of her wanting the divorce as badly as he does...

[dmartmar 1]

First you have to prove to the judge that you've tried serving papers in person to no avail. Once that's done, you ask to try the newspaper ad medium instead.

You then prove that to the judge as well and you'll get the divorce granted.

[arwensun1965 1]

Natashabrenda you need to tell your SO to go to the local court again and speak with an advisor (free of charge). They have these advisors in King County, WA. They will advise your SO on what he can do and what is best for his situation. Weather or not they have them in all courts is something your SO will have to look into but I do know for a fact that they have them in Kent, WA I think it is on the 3rd floor room D of the Kent Court house, your SO will have to check this and make sure.

Good Luck

Janice