Fill and Sign the Serving Court Papers Fact Sheetwelcome to Lawhelporgdca Form

In family law the Court must order cases service by publication. So, you need: 1. A Motion 2. Affidavit by either the attorney or the Petitioner setting out facts that permit service by publication such as unsuccessful attempts to serve a party who is avoiding se rvice within the state or any of the reasons set out in MS ฀ 518.11 (Service By Publication) and Rule 4.04 and 4.041 of the Minnesota Rules of Civil Procedure. Also, state that the affiant believes that the party to be served is not a resident of the state or that the affi ant believes the party to be served cannot be found therein and that the affiant has mailed a copy of the Sum mons to the party's residence or that the place of residence is not known to the affiant. If the residence is known, it is sometimes a good idea to mail out both the Summons and Petition. 3. Attach a copy of the Summons that you wish to serve by publication. A summons t o be served by publication must include the description of any real property involved and a statement of the object of the action i.e. Dissolution of Marriage, Resoluti on of all issues of real and personal property, child custody, child support and maintenance. 4. The summons may be served by three weeks published notice. Service us deemed complete 21 days after the first publication. 5. I believe that publication in any major local newspaper will do. Sample documents follow on the next pages down - 1 - STATE OF MINNESOTA DISTRICT COURT COUNTY OF JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, REQUEST SERVICE BY PUBLICATION AND , Respondent, TO: YOU WILL PLEASE NOTICE that the Petitioner, __________, by and through the undersigned counsel, moves the Court pursuant to Minn. Stat. ฀518.11 and Rule 4.04 of the Minnesota Rules of Civil Procedure for an Order as follows: 1. Directing service by publication of the Summons in the matter of the Dissol ution of the Marriage of the Petitioner and Respondent above-named. 2. For such other and further relief as the Court deems just and equitable. Said Motion is made upon the attached affidavit and upon all of the laws of the State of Minnesota and upon such other and further grounds as the Court may deem just and equitable. Sincerely, DATED: _____________, 20___ _____________________________ Attorney for (Address) (Address) (City, State, Zip) (Telephone Number) (Attorney Reg. No.:) - 1 - STATE OF MINNESOTA DISTRICT COURT COUNTY OF JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, AFFIDAVIT OF COUNSEL AND , Respondent, I, ______________________________ , first being duly sworn upon oath depose and state as follows: 1. I am one of the attorneys for the Petitioner herein and I make this affidavit i n support of Petitioner's Motion seeking the Court's Order to serve Respondent by Publication. 2. The following unsuccessful attempts have been made to serve the Respondent w ith Petitioner's Summons and Petition. A) _________ B) _________ C) _________ It is clear that Respondent is attempting to avoid service. OR The Respondent's present address and place of residence is not known to your affiant or to the Petitioner herein. It is believed that the Respondent resides in t he State of Minnesota but - 2 - that Respondent cannot be found therein. ORThe Respondent does not reside in the State of Minnesota. Respondent's present address is __________ (is not known to your affiant or to the Petitioner herein. 3. ( If you know the address, add this paragraph. ) On, _____________, 20___, your affiant mailed a copy of the Summons and Petition herein to Respondent's last known address at ______________________________ . 4. It is the belief of your affiant that further efforts to personally serve the Responde nt will be fruitless. Therefore, your affiant asks the Court to Order service by publication. FURTHER YOUR AFFIANT SAITH NAUGHT. DATED:_____________, 20___ ________________________________Attorney for Petitioner - 1 - STATE OF MINNESOTA DISTRICT COURT COUNTY OF JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, SUMMONS AND , Respondent, THE STATE OF MINNESOTA TO THE ABOVE-NAMED RESPONDENT:YOU ARE HEREBY SUMMONED AND REQUIRED to serve upon Petitioner' s attorney an Answer to the Petition for Dissolution of Marriage, which is herewith se rved upon you, within thirty (30) days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief de manded in the Petition for Dissolution of Marriage. NOTICE OF TEMPORARY RESTRAINING PROVISIONS UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS AC TION, UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS DISMISSED: (1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO CONTEST THIS PROCEEDING; - 2 - (2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND (3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR B ENEFICIARY DESIGNATION. IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJE CT TO SANCTIONS BY THE COURT. This is an action for Dissolution of Marriage, which involves the following real property: INSERT DESCRIPTION OF ANY REAL PROPERTY. IF NO REAL PROP ERTY IS INVOLVED SAY THAT. Dated:_____________, 20___ ______________________________ Attorney for (Address) (Address) (City, State, Zip) (Telephone Number) (Attorney Reg. No.:)