Legal Question in Family Law in Maryland

Re: Serving Divorce Papers

You can serve the papers under court rules in DC if they are received by an adult or older child(technically, a person "of suitable age and discretion") at your husband's residence. They don't have to be personally delivered to him. If you tried to serve him through a professional process server, they should have known this, and you shouldn't have to pay the process server if he or she failed to deliver the papers to the family member who answered the door. Once he's served this way, you can apply to the court for a default after your husband fails to answer the complaint within the time allotted (20 days).

Re: Serving Divorce Papers

Serving summons and complaint can be difficult if the defendant is avoiding the process server or not accepting certified mail. However, the law also recognizes that if all a person had to do not to be brought into court is avoid contacts with process servers and not accept mail... then is would be difficult for a plaintiff to present and argue his or her case in court!!! For this reason, most jurisidictions, including D.C., allow alternative forms of service of process. Service of process is successful for example if summons and complaint are left with a person of suitable age at the Plaintiff's place of abode; in addition, a plaintiff can be stopped and served at any time and anywhere (at work, in a restaurant, etc.). A plaintiff can also deliver papers in person if he or she knows where the defendant is. If everything else fails, then a public notice (by ad in the newspaper) can be used but this requires prior authorization of the Court. I suggest that you attempt to leave summons and complaint with a person of suitable age at his place of abode first.

Good luck.

Tiziana Ventimiglia

Re: Serving Divorce Papers

It was not clear to me where your case is pendin.

Most jurisdictionas allow alternative serice either by posting or ads. You might exploree that option.

Raymond Carignan

(410) 974 9401