getting jurisdiction: who files firs... 
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15 y
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I filed for divorce on Feb 24th on the grounds of general indignities (his alcoholism)... My spouse was served about 3 weeks ago. I have been a resident of Arkansas for 60 days prior to my filing date, which I am told is long enough to be considered a resident of AR. He still resides in Texas. My attorney has just received a counter complaint stating that he had filed against me in January, but I was never served. What are his chances of getting jurisdiction in Texas?
There are also 3 children involved. I left Texas with my 2 sons in November (my spouse helped pack and load the moving van). My teenage daughter stayed behind to finish the first semester, but is now with me. He voluntarily sent her here on an airplane "because he felt it was best for her to be with me" ... Now my attorney is telling me that his attorney is arguing that I have taken them without his consent. HE himself took her to the airport on March 27th, AFTER his attorney claims he filed for divorce.
There were no legal documents attached to the letter my attorney received from his showing proof of his filing date..grounds for his filing.. nothing.. she is trying to get to the bottom of this.. in the meantime I am freaking out, because we left a horrible situation. I am unsure about my rights of custody and where the jurisdiction will be.
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- Re: getting jurisdiction: who files ... DeniseinAZ
15 y
8,280
This is a reply to # 1,391,805
I don't know what Arkansas is like, but thought Texas was one of the worst places to get a divorce in if you were a woman. Here is some info on the serving process.
"Service" or "Service of Process" is making sure the other side gets a copy of the papers you are filing (for example, a complaint). If you are starting a case, your case cannot go forward until the other side is served. Someone who is capable of serving must physically give a copy of all necessary forms to the person whom you filed a complaint against in court.
It is very important that you do this correctly. If you do not, then the court may dismiss your case. If you have an uncontested case and the other side is willing, there is a special rule to make service easier.
How Do I Serve a Complaint, Petition or Motion?
What if the Case is Uncontested?
What are the Methods of Service?
- by sheriff,
- by private process,
- by certified mail using a friend or relative or other adult.
YOU CANNOT SERVE THE OTHER SIDE YOURSELF. Whichever method you choose, proof that the other side was served must be filed with the court. A person can be served at home, at work, or anywhere else the person happens to be.
What is Service by Private Process?
Private Process Serving Companies:
Private Process Using an Adult Over the Age of 18:
What is Service by Certified Mail?
There are, however, problems with this type of service. Hostile opposing parties may not want to, and refuse to sign for the letters or simply not go to the post office to pick them up. In these cases, other service types such as by sheriff or by private service would be preferable.
If the receipt (green card) is returned with the wrong signature or if the entire envelope comes back undelivered, you will have to make another attempt at service or see an attorney.
If you have problems serving a party by certified mail you can contact the sheriff of the county where the party lives. You should explain to the sheriff that you have been unsuccessful at serving the party by mail and request their help. Ask the sheriff the cost of this service and any other requirements. A blank certificate of service and or certificate of evasion of service may have to be mailed to the sheriff.
If you are serving a counterclaim with your answer, you may serve the counterclaim (including all other domestic relations forms you have attached to the counterclaim) by mailing copies of everything to the other side. Fill in the Certificate of Service at the bottom of the counterclaim. Do not forget to file the counterclaim and all the forms attached to the counterclaim with the Clerk of Court.
What if the Person I am Serving is in Jail?
You should not serve an inmate by certified mail. The inmate will not be able to sign for the package and the court may find that the service was not valid.
You should serve by a sheriff or private process server. If you do not have the money to pay for this type of service you may want to have someone you know over the age of eighteen serve the papers.
If someone you know is planning on serving the inmate s/he must do the following things:
- call the prison to find out when visiting hours are
- go to the prison during visiting hours
- when the sheriff brings the server to meet with the prisoner the server must slide the papers to the prisoner and inform them that they have been served
- After the server has served the inmate s/he must complete an Affidavit of Service of Process
You must then file this affidavit with the court.
What Happens if Service is Not Made?
Service by Posting or Publication is only done when the person who has filed has shown by affidavit that the whereabouts of the opposing party are unknown. Additionally, the person who has filed must show that reasonable efforts have been made in good faith to locate the opposing part. After those criteria have been satisfied, the court may order service by the mailing of a notice to the opposing party's last known address and by the posting of the notice by the sheriff at the courthouse door or on a bulletin board within its immediate vicinity, or by publishing the notice at least once a week in each of three successive weeks in one or more newspapers of general circulation published in the county in which the action is pending.
What Happens After the Document is Served?
If you have filed for divorce and the other party has filed an answer indicating that they agree with your request, you must then contact the Clerk of Court to request an uncontested hearing be scheduled.
If the time for the filing of the answer has passed and the other side has not filed an answer, you should file a Request for Order of Default (DR. 54). If the judge signs the Order of Default, you will then be able to request that an uncontested hearing be scheduled.
If you have not heard from the court once the answer is filed and you do not know what to do, you should contact the Clerk of Court to determine whether you need to request a hearing. You may request a hearing or other proceeding using the Request for Hearing or Proceeding Form (DR 59).
In order to ensure that you receive proper notice of all hearings, be sure that the Clerk of Court and the opposing party or their attorney always have your correct address. If you move while the case is pending, be sure to inform both the Clerk and the opposing party of your change in address in writing.
NOTE: If you have been the victim of domestic violence, or otherwise have concerns about your safety or the safety of your children, you may request that your address not be disclosed to the opposing party. If this is the case, do not put your address or the address of children residing with you on court documents. Contact the Clerk of Court to provide the court with your correct address and leave your address off all official documents and inform them of your request not to disclose your address. You should still send copies of all papers you file with the court to the opposing side, but they should not have your address on them.
What Happens in Court?
You may be able to have the court look at documents or other evidence, such as pay stubs or pictures. That day, have your documents and other evidence with you, have them in order, and have extra copies.
The other side and his or her witnesses also will have a chance to tell his or her story and can present the same kinds of evidence. You will have a chance to cross-examine the other side and his or her witnesses.
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In most counties, a court date is automatically scheduled. If you have filed for a divorce or if you are involved in a custody case, and if the case is contested, many counties will set a date for a Scheduling Conference and send you a notice requiring you to attend.
What if I still have Questions after Reading these Instructions?
You can have the sheriff serve the other party with the necessary papers for a fee. The fee for this service is usually approximately $40.00. If you decide to pay for this service you can ask the Clerk of Court (person with who you will file your complaint) what the cost for the service is. It is your responsibility to find out whether or not the person has been served. The sheriff will send the clerk a "return of service" to prove the sheriff served the papers. You may have to call the Clerk several times before the other party gets served. Service can be made in one of several ways. You need to choose a method of service: If the case is uncontested, and the other side gives you a notarized answer to the complaint which you file at the time you file your complaint, you do not have to do service of process. Service of process is accomplished by the filing of the notarized affidavit. This can save at least 30 days and expedite the date for a hearing.
The court will issue a Writ of Summons, 5 to 10 days after you file your Complaint, Petition, or Motion. The Clerk of the Court will send the Writ of Summons to your mail address, as the person who has filed. Attach the original copy of the summons to one copy of all of the forms that you filed with the court (Complaint, Domestic Case Information Report, Financial Statement, etc.). You must make sure that the Writ of Summons is attached to a copy of the complaint, petition, or motion. These papers must be served on the other side.
If you are serving an Answer or Counterclaim.What is Service?Source: This material was originally created by Richard Granat, a Maryland private attorney. It has been expanded and updated by legal services provider staff working with the Maryland State Law Library. Last Date legal review 01/18/08 (PLL/M.A.J.)
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- Re: getting jurisdiction: who files ... DeniseinAZ
15 y
7,634
This is a reply to # 1,391,805Advertisement
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Somewhere in there is says a writ of summons is only good for 60 days - if you do not get served in that amount of time he is SOL on his filing, I believe. If he supposedly filed in January that would make sometime in March his 60 day period.
- Re: getting jurisdiction: who files ... lissa15
15 y
7,682
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This is a reply to # 1,391,818thank you so much for your replies DeniseinAZ
I was wondering about the time frame myself. I was never served... I cant believe he waited that long to respond after I served him with papers, if he had filed back in Jan. and why the Hell would he send my daughter here after the fact? He is really crazy, I think.. my worst nightmare is having to go back to Texas and for him to somehow get custody.
- Re: getting jurisdiction: who files ... lissa15
15 y
7,682
- Re: getting jurisdiction: who files ... DeniseinAZ
15 y
8,280
