– from Earl H. in West Bend, WI

Question Details:

I believe my wife wants to serve me for a divorce, but I am avoiding my current residence. If I do get served, can I refuse it since I do not want to go to court?

Family Law Attorney Response:

Thank you for your question.

As discussed in Vause v. Vause, 140 Wis.2d 157, 409 N.W.2d 412 (Ct. App. 1987), a person cannot refuse to accept service and then object that the service and notice was incomplete. Once served, a person must decide whether to appear in court or not, however he will not have the defense of not being served.

If you have any more questions, feel free to call me.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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