Question:
My ex and I have lived in separate states for several years, but she recently filed for divorce.
However, she did not send me the entire petition, and I told her I would not sign a waiver of service without the whole thing.
I just found out that she had the divorce finalized by utilizing a service by publication even though we have remained in contact through texts the whole time.
How can I have the divorce overturned?
Answer:
Your ex-wife has lied under oath and this judgment must be addressed immediately so that the court can remedy the situation.
Cordell & Cordell has many offices across the country with attorneys who can advise you specifically of how to proceed and of any applicable time limits regarding this matter.
Be sure to save every text message from your ex-wife regarding this divorce in more than one place. Take screen shots and also print all messages.
Our attorneys can explain what evidence will be admitted in court to prove that your ex-wife was being untruthful when she filed for notice by publication.
In the meantime, create a timeline to bring with you to the consultation so you can best advise your attorney of these events. Include dates of communication with your wife, dates of when you received documents, etc.
You may need to file an action quickly to remedy this situation and set aside the judgment that is currently in place. To best aid your attorney, you should be prepared with all available information.
This should include the entirety of the judgment as it pertains to the issues of marital estate distribution, child custody and child support since they are all likely geared towards your ex-wife’s interests.
An attorney skilled in family law will be able to file the appropriate pleading and present your case.
Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”
