In family law cases it may be difficult to locate the other person. Our court rules have a mechanism to provide service of pleadings through alternative means. However, we want the other side to know what is going on in a family law case because these matters will either implicate the custody rights of a child or financial issues.
One ‘method’ of alternative service of process is service by publication. In order to seek service by publication, you have to file an affidavit of diligent inquiry. The affidavit should disclose the efforts made to ascertain the defendant's whereabouts. If you have any idea where the other person may be, an email address, information about other family members, etc., that should be disclosed to the court when seeking an order for service by publication. It is likely that the court will require you to also attempt service by mail to the defendant's last known residence or by email or even by Facebook, in addition to service by publication. This requirement exists because service by publication is the method of service least calculated and least likely to result in actual notice to a party.
There is no objective, formulaic standard for determining what is, or is not due diligence. Rather the court will measure the specific efforts that a plaintiff has undertaken to find the other person. Since each case is unique, the court will consider the particular facts and circumstances.
If you have a family part case and have been unable to locate the defendant, contact the experienced lawyers at LaBletta & Walters. We can assist you in preparing an affidavit of diligent inquiry and seeking an alternative form of service so that you can move forward with your case.