The judgment was from about 2 years ago. He claims he wasnt notified. He never showed up to court (he was also living out of state at the time and chances are he wasnt properly notified) He wants the judgment set aside and amended. His lawyer is a real pitbull so to speak. What are the chances his motion gets granted?Ex-husband has filed a motion to set aside the divorce judgment based on the fact that he was never notified?
';Notice'; in the law is very serious. It goes towards the rights under Due Process Clause. You state that ';chances are'; he wasn't properly notified.... that is where it will hinge, as well it should. If he was not properly noticed, then he has every right to have a judgment set aside which was issued in his absence.Ex-husband has filed a motion to set aside the divorce judgment based on the fact that he was never notified?
It depends on where you are located and how he was supposed to have been notified. If mail service was acceptable and he refused to sign for certified mail, then it should stand - he refused his notification (providing you filed proof of service %26amp; you still have proof that you sent it and it was refused, etc.). If he was supposed to have been served personally but wasn't, then he may have a leg to stand on. Best to call your lawyer and ask what you should do. I know in CA mail service is considered reliable enough that if he's using that for an argument he'd be shot down out here - again - it depends on your particular circumstances.
The court has in its files all papers sent to both parties
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And any returned as undeliverable
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Some spouses desert the other and presentation of court filing against either or both parties are not able to be sent to the one that has deserted
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So just check the court records via the inter net here
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Go to the county court house and look for the section of court cases
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And do a name search your last name at the time of the marriage
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And you will see all papers sent and received or returned
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