Legal Question in Family Law in Minnesota
serving papers
I am having a sheriff serve the summons and petition for dissolution of marriage to my husband which were sent at the end of December. I have made my husband aware of the papers. He is sharing his time between 2 residences and have told him which residence the papers will be served at. He has told me that he knows the sheriff has been to the one residence to deliver the papers and he will not be going there anytime soon. He told me that the sheriff needs his signature and since he is not there they cannot leave the the papers. Is this true? I thought that someone in his family could sign when the sheriff comes to deliver them at the house. How long can this go on for? How many times does a sheriff go to the house until they are delivered? Can the papers be redirected to the other residence where he is currently residing?
1 Answer from Attorneys
Re: serving papers
The papers may be served upon another adult living at the residence. If the papers are returned without service by the sheriff after a reasonable effort, you may obtain from the Court an Order for Service by Alternate Means which will allow you to serve him by mail at his last known address.
Good luck!