What happens if I can’t find the other party to get them served? – South Carolina

Short Answer

In South Carolina, a case usually cannot move forward until the other party is properly served with the summons and complaint. If the other party cannot be found after a diligent search, the court can allow alternative service—most commonly service by publication—so the case can proceed. The court typically requires a sworn affidavit describing the search efforts before it will authorize publication.

Understanding the Problem

In a South Carolina family court case, one party files a lawsuit (such as divorce, separate support and maintenance, custody, or support) and must have the other party formally notified through “service of process.” The problem arises when the filing party does not know where the other party lives or works, or the other party is intentionally hard to locate, so personal service cannot be completed. The single decision point is whether the court will allow an alternative method of service when the other party cannot be found after reasonable efforts.

Apply the Law

South Carolina law allows service by publication in certain situations when the person to be served cannot, after due diligence, be found within the state. In family court matters involving issues like custody or support, the court generally expects a good-faith, documented search first, followed by a request (usually supported by a sworn affidavit) asking the court to authorize publication. Service by publication is not automatic; it is a court-approved substitute when standard service methods are not workable.

Key Requirements

• Due diligence (a real search): The filing party must make reasonable efforts to locate the other party before asking to use publication.
• Sworn proof of the search: The court typically requires a written, signed affidavit explaining what was done to try to find and serve the other party.
• Court authorization and proper publication steps: The court (or clerk, depending on the posture of the case) must authorize publication, and the publication must be completed in the manner required for a summons.

What the Statutes Say

• S.C. Code Ann. § 15-9-710 (When service by publication may be had) – Allows service by publication in specified cases when the person to be served cannot be found after due diligence, including certain family-law-related matters such as custody and support issues.

Analysis

Apply the Rule to the Facts: When the other party cannot be located, the key issue is whether the search efforts qualify as “due diligence” and can be explained clearly in a sworn affidavit. If the search is thin (for example, only one attempt at an old address), the court may deny publication and require more efforts. If the search is well-documented (for example, multiple attempts at last known addresses and other reasonable leads), the court is more likely to authorize service by publication so the case can move forward.

Process & Timing

1. Who files: The party who started the family court case (the plaintiff). Where: South Carolina Family Court in the county where the case is filed; filings typically go through the Family Court Clerk of Court. What: A motion/request for service by publication supported by an affidavit of due diligence describing search efforts, along with proposed publication documents as required locally. When: After standard service attempts have failed and before the case can proceed to default-type steps.
2. Complete publication: After authorization, the summons is published as required. Local practice can vary on the newspaper used, the number of weeks, and what proof must be filed back with the court.
3. Proceed after service is complete: Once service is considered complete (based on the publication rules and proof filed), the case can move forward to the next procedural steps, including deadlines for the other party to respond and (if no response is filed) potential default procedures under court rules.

Exceptions & Pitfalls

• Not enough diligence: Courts often reject publication requests that do not show a meaningful search. Keeping a written log of dates, places, and results helps support the affidavit.
• Publication is narrower than personal service: Depending on the type of relief requested, service by publication can create limits or added scrutiny, especially if the case seeks orders that require strong personal jurisdiction over the other party.
• Wrong address or incomplete paperwork: Using an outdated last-known address without checking other reasonable leads, or filing an affidavit that is vague, can lead to denial and re-filing delays.

Conclusion

In South Carolina, if the other party cannot be found to be served in a family court case, the court may allow service by publication—but only after a diligent search and a sworn affidavit explaining the efforts to locate the person. The practical result is that the case usually pauses until service is completed through an approved method. The next step is to file a request for service by publication with the South Carolina Family Court Clerk of Court, supported by a detailed due-diligence affidavit.

Talk to a Family Law Attorney

If a South Carolina family court case is stalled because the other party cannot be located for service, an attorney can help document a diligent search, prepare the affidavit and motion, and make sure publication (or another approved method) is completed correctly so the case can move forward on a reliable timeline.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.