Skip to content 
Trying to avoid being served divorce papers might seem like a way to delay the process, but it rarely stops anything. Courts have legal options when one spouse refuses to cooperate. Some people ignore the door, move frequently, or ask others to turn away process servers. These tactics may work for a short time, but judges will not let a divorce stall forever. The legal system provides ways to move forward, even when one party refuses to participate. Those hoping to deny a divorce by avoiding service often find themselves facing unexpected consequences.
How Long Can You Avoid Being Served Divorce Papers?
Some people try to delay the divorce process by avoiding service of the papers. Courts require proof that the other spouse received the divorce petition before moving forward. This can slow things down, but it does not stop the process forever. The legal system has ways to work around someone who refuses to accept service.
What Happens When Someone Avoids Service?
The person filing for divorce must serve the other spouse with official documents. This usually happens through a process server, a sheriff, or certified mail. If the other spouse avoids them, the court may allow alternative service methods.
Ways to Delay the Process
Some individuals try to slow down a divorce by avoiding service. These methods can create short-term delays but do not stop the legal process permanently.
Ignoring the Door or Moving Frequently
Some people refuse to answer the door when they expect a process server. Others move to different locations to avoid being found. These tactics may work for a while, but servers have ways to track individuals.
Changing Work Schedules or Hiding at Work
A person might switch work locations or avoid home addresses. Some try to stay at a workplace where process servers cannot reach them. However, courts can approve service by mail or even at a workplace if attempts keep failing.
Using Family or Friends to Block Service
Some individuals ask family members or roommates to lie about their whereabouts. They may tell others to refuse to accept documents on their behalf. This may buy time, but persistent servers will try different methods.
How Courts Handle Deliberate Avoidance
Judges do not let people avoid divorce by dodging service. Courts allow different methods when a person refuses to cooperate.
Service by Publication
When someone cannot be found, courts may allow service by publication. This means placing a notice in a newspaper or another approved public source. Once published for a required period, the court considers the person served.
Substituted Service
If direct service fails, courts may allow substituted service. This can involve leaving the papers with a responsible adult at the person’s home or workplace. Some states allow electronic service through email or social media.
Default Judgments
A person cannot stop a divorce by ignoring legal notices. If someone avoids service for too long, the court may issue a default judgment. This means the divorce moves forward without their input. The judge may decide issues like property division, child custody, and support without hearing from the avoiding spouse.
How Long Can Someone Delay Divorce Through Avoidance?
The length of the delay depends on state laws and the persistence of the petitioner. Courts require reasonable attempts to serve divorce papers before allowing alternative methods.
State Laws on Service Timeframes
Different states have different rules about how long a person has to respond after being served. Some states require service within a certain period after filing. Others allow service by publication after a set number of failed attempts.
Court Orders to Move the Case Forward
If delays continue, a judge may step in to allow alternative service. Once that happens, the court considers the avoiding spouse officially served. The case then proceeds, even if the person still refuses to respond.
The Consequences of Avoiding Service
Dodging service may seem like a way to hold off a divorce, but it often backfires. Courts view intentional avoidance as a refusal to participate. This can lead to unfavorable rulings.
Losing the Chance to Defend Against Claims
Someone who avoids service misses the opportunity to challenge divorce terms. The court may grant the filing spouse their requested division of property, custody arrangement, and financial support.
Possible Legal Consequences
In some cases, avoiding service can lead to legal penalties. A judge may hold someone in contempt for refusing to comply with court orders. This could result in fines or other consequences.
Increased Legal Costs
Delaying the process often leads to higher legal fees. The spouse filing for divorce may need to pay for extra attempts at service or legal motions. The avoiding spouse may face court-ordered payments for unnecessary delays.
The Best Approach for Responding to Divorce Papers
Rather than avoiding service, it is better to respond and address the situation. Courts encourage both parties to be involved in the process.
Accepting Service and Seeking Legal Advice
Accepting the papers allows a person to respond and present their case. A lawyer can help protect their rights and work toward a fair outcome.
Negotiating Terms Instead of Delaying
Trying to negotiate with a spouse may lead to a better resolution than avoiding service. Many couples reach agreements through mediation or settlement discussions.
Understanding That Divorce Will Happen Anyway
No matter how long someone avoids being served, the divorce will eventually proceed. Courts have ways to move cases forward, even when one spouse refuses to cooperate.
Final Thoughts
Avoiding service may create temporary delays, but it does not stop a divorce from happening. Courts allow alternative methods to make sure legal proceedings continue. Ignoring the process can lead to a default judgment, financial penalties, and a loss of control over the outcome. Accepting service and participating in the case gives the best chance at a fair resolution.
Ebook
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce”
If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: “13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them” Today!”
Other Articles you may be interested in:
- How Can I Get My Spouse to Pay My Attorney’s Fees in a Texas Divorce?
- Should I Hide Money from my Spouse to Get Ready for my Texas Divorce?
- 7 Important Ways to Financially Prepare for Your Texas Divorce
- What are the Steps of a Contested Texas Divorce, and How can I Prepare for Them?
- Can I get child support while my Texas divorce is pending?
- What Is A Waiver Of Service?
- Can we file divorce paperwork ourselves?
- Filing divorce once the paperwork is completed
- Surprise divorce papers may be culmination of long-term plan
- What happens when you are served with Divorce papers in Texas?
- Husband Loves His Wife and Wants a Divorce in Texas “On Paper” for Strategic Financial Reasons?
- What happens when you are served with Divorce papers in Texas?
- How Long Will My Texas Divorce Take?
- How long after a divorce can you claim assets?
Frequently Asked Questions
No, it is not illegal to have a boyfriend or girlfriend while going through a divorce. However, dating during a divorce can impact certain aspects of the divorce proceedings, such as child custody or property division. It is advisable to consult with a legal professional to understand the specific implications in your situation.
Adultery refers to engaging in sexual relations with someone other than your spouse while you are married. If you are legally separated, but still legally married, sleeping with someone else can be considered adultery. The legal definition of adultery may vary depending on the jurisdiction, so it is important to consult with an attorney to understand how it applies in your case.
While dating during divorce may not be considered cheating in the traditional sense, it can impact the emotional dynamics and legal proceedings of a divorce. It is important to consider the potential consequences and consult with a legal professional to make informed decisions during this process.
The grounds for divorce vary depending on the jurisdiction. Common justifications for divorce include irreconcilable differences, infidelity, domestic violence, abandonment, and incompatibility. It is important to consult with a family law attorney to understand the specific grounds for divorce in your area.
The two major reasons often cited for getting a divorce are communication problems and irreconcilable differences. Communication breakdowns and the inability to resolve conflicts can strain a marriage, leading couples to consider divorce as an option.
Yes, after obtaining a divorce and fulfilling any legal requirements, individuals are generally free to remarry. However, it is essential to follow the legal procedures and requirements of your jurisdiction before entering into a new marriage.
