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Every state has procedures
for serving defendants who are hard to find or crafty at avoiding the
process server. Many states allow alternate posting and mailing -- colloquially
referred to as nail and mail -- that can be done when your efforts at
personal service have been frustrated. If your attorney has been practicing
even for a bit, you might trust that he or she is up on the local laws
and conventions of getting a lawsuit going; the first step is service.
Chances
are that service on one spouse will suffice as to service on the other
in this situation, as it is the rule in most states. However, emphasize
this concern to the barrister you have hired. Your lawyer should know
that the whole lawsuit will be in peril and subject to being thrown out
if the service is not accomplished according to the letter of the law.
And
by the way, have you ever considered becoming a lawyer yourself? You seem
to have some good lawyerly instincts. Scarily so.
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for personalized advice from a knowledgeable lawyer licensed to practice
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