Can I have someone serve my ex, instead of his lawyer? - Child Custody Law Questions and Answers- LawQA.com

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Can I have someone serve my ex, instead of his lawyer?

This is for family court.

Lombardi Law LLC
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The question would be why do you want to serve your ex instead of his attorney. In most cases it is easier to serve the attorney and less costly. If the attorney will not accept service then you can hire a process server to serve your ex-husband. If he is already your ex then there is a possibility that his attorney is not still involved in the case and you will have to serve him with anything that you file with the court.

Answer Applies to: Alaska
Replied: 7/31/2012

Answer By Victor Varga

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Anyone who is 18 years of age or older and not a party to the case can serve.

Answer Applies to: Maryland
Replied: 7/30/2012

Answer By Dennis P. Mikko

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In Michigan, any competent adult can serve process. You can serve your husband and do not have to serve his attorney.

Answer Applies to: Michigan
Replied: 7/30/2012


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Service of process is usually completed through the party client (unless attorney accepts service).

Answer Applies to: Rhode Island
Replied: 7/29/2012


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Why? Service is service. It's not about embarassing the other party. If his lawyer is willing to accept service, just serve him/her. He/she cannot legally avoid service if he she says that he she is. On the other hand, you ex can make a process server chase him, running up process bills. It's faster and cheaper to let that lawyer accept service. BUT be certain that he/she is willing to accept servicve before sending some one out there.

Answer Applies to: Michigan
Replied: 7/28/2012

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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Yes.

Answer Applies to: Texas
Replied: 7/28/2012

Correia-Champa & Mailhot
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If it is a complaint or a subpeona you need to serve your Husband directly. However, if it is a motion or some other type of pleading then you need to serve his counsel.

Answer Applies to: Massachusetts
Replied: 7/28/2012

Answer By Harry D. Roth

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If a case has already been started by your spouse and you have been served, your response should be served on the lawyer. If you are going to initiate the process, serve you husband.

Answer Applies to: California
Replied: 7/27/2012

Answer By Alvin Lundgren

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Any person over age 18 can serve. He/she must fill out the proof of service form so it can be sent to the court.

Answer Applies to: Utah
Replied: 7/27/2012

Answer By Gregory Crain

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Yes.

Answer Applies to: Arkansas
Replied: 7/27/2012

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