Ordinary Service vs. Special Service
At the start of a case, documents must usually be delivered by “special service.” This means hand-delivery or another method that guarantees the respondent actually receives them. Later in the process, “ordinary service,” like email or regular mail, may be allowed. The rules recognize that notice is essential for justice, and they demand reliable methods to protect both parties.
When Your Spouse Cannot Be Found
If your spouse is missing or avoiding you, the law allows for “substituted service.” This means the court authorizes you to serve someone else connected to your spouse, such as a family member, employer, or even by posting notice in a public place. To get this permission, you must show the court the steps you took to locate them—phone calls, visits to known addresses, or even searching social media. The more thorough your efforts, the more likely the court will approve substituted service.
Dispensing with Service Entirely
Sometimes, even substituted service won’t work. For example, the respondent may be deliberately hiding, or there is simply no one available to deliver documents to. In those rare situations, the court can dispense with service altogether. That means the case can move ahead without the other party ever being served. Judges don’t take this lightly, but they also won’t let someone stall the process forever by refusing to engage.
Why This Matters
For applicants, the key is documentation. Courts want to see records of every attempt to serve—dates, times, and methods. For respondents, the message is equally clear: avoiding service doesn’t stop a case from moving forward. The law balances fairness with practicality by ensuring that justice isn’t derailed by one person’s refusal to participate.
Final Thoughts
If you’re struggling to serve your spouse in a family law matter, don’t panic. The law provides solutions, and with a lawyer’s guidance, you can navigate substituted or dispensed service applications effectively. At Green Bridge Family Law, we help clients move cases forward even when the other party tries to delay or hide. Contact us today to learn how we can help you keep your case on track.
