DFW Legal & Serve
Company
When a Spouse Avoids Service of Divorce Papers
Serving divorce papers to someone who is actively avoiding service is one of the most common challenges in Texas family law. Here's how to handle it effectively.
Step 1: Hire a Professional Process Server
Professional process servers are trained to locate and serve evasive individuals. They know the patterns, the timing, and the legal requirements to document diligent efforts.
Step 2: Skip Tracing
If the defendant's location is unknown, skip tracing is the next step. A licensed private investigator can:
- Search public records and databases
- Track addresses and phone numbers
- Identify workplace locations
- Locate social media profiles for address clues
Step 3: Document All Attempts
Texas courts require proof of due diligence. Your process server must document:
- Date and time of each attempt
- Location visited
- Outcome of each attempt
- Any alternative methods tried
Step 4: File a Motion for Substituted Service
If multiple attempts fail, your attorney can file a motion for substituted service under Texas Rule of Civil Procedure 106(b). This allows service by:
- Leaving the papers with a competent person at the residence
- Mailing to the defendant's last known address
- In some cases, social media or email
Step 5: Service by Publication
As a last resort, if the defendant cannot be located after diligent efforts, the court may allow service by publication — publishing a notice in a newspaper approved by the court.
Don't Let an Evasive Spouse Delay Your Case
At DFW Legal & Serve Company, our licensed investigators and process servers specialize in locating and serving evasive defendants throughout the Dallas-Fort Worth Metroplex.
Need help serving divorce papers? Call 214-601-7460 for a free consultation.