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  1. #1
    Join Date
    Feb 2007
    Posts
    26

    Question Process Service For Divorce

    My brother filed for a Divorce near the time I filed for a Annulment,
    He had an individual (not a service) serve the papers. took the proof of sevice to the to the court house etc.
    His wife did not answer within the time frame (30 days) so the judge signed the papers on default.
    Two weeks after the Judges signs them He thinks he's Divorced.
    Then the wife comes back to say that she was never served.
    Please tell me what she can now do about it. As he can show she was served.
    Will the Judge throw it and and they start again, (there was no property)
    Will the Judge tell her "to bad so sad"
    will she have to prove she was not served, (that would be hard)

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Process Service For Divorce

    If she was not properly served, the judge may set aside the judgment. If she was, and the judge believes the person who performed the service, that's not likely to happen on that basis. This serves as an example of why the use of a professional process server can be a better idea than using a friend.

  3. #3
    Join Date
    Feb 2007
    Posts
    26

    Default Re: Process Service For Divorce

    Yes, she was properly served. As I was near the person who seved her and seen it.
    The rules read:
    I am a competent person 18 years or older and a resident of of the state of service, and not a party to nor an officer, director, or employee of, nor attorney for any party, and corporate or otherwise; and I knew that the person, firm, or corporation served is the identical one named in the action.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Process Service For Divorce

    Who do you think the court is more likely to believe? An independent professional process server, or a friend of the plaintiff?

  5. #5
    Join Date
    Feb 2007
    Posts
    26

    Default Re: Process Service For Divorce

    You have a good point, but the person who served her, knew her by name only, and had seen her around but was not friends.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Process Service For Divorce

    This service was performed for your brother, right? So the potential issue is the relationship with your brother.

  7. #7
    Join Date
    Feb 2007
    Posts
    26

    Default Re: Process Service For Divorce

    Quote Quoting Scammed
    View Post
    Yes, she was properly served. As I was near the person who seved her and seen it.
    The rules read:
    I am a competent person 18 years or older and a resident of of the state of service, and not a party to nor an officer, director, or employee of, nor attorney for any party, and corporate or otherwise; and I knew that the person, firm, or corporation served is the identical one named in the action.
    -------
    The brother game me the paperwork, I inturn gave it to an individual and showed him where the wife was, I then stayed back about 5-600 yards and watch as it was served, then the individual went to the courthouse and filed the paper as proof of service.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Process Service For Divorce

    If the person wants to hold a hearing to contest service, you and your friend who served the papers should be prepared to appear as witnesses.

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