Legal Question in Family Law in Alabama
serving divorce papers
my best friend's wife claims she has cancelled their divorce. however, she says that he will still be served the papers because she can't stop that. would anyone serve invalid papers? is there any reason papers would be served on a divorce that has been cancelled?
1 Answer from Attorneys
Re: serving divorce papers
If the divorce was already filed and the paperwork was sent to the sheriff's department to serve on him, then it is possible that he could be served with papers even after she has dropped the divorce. However, he should not just take her word for it, because if she is not being truthful she could wind up taking a default judgment against him. When he gets served with papers, he should contact an attorney to check the court records to see whether she really dismissed the divorce case. If she did not, then he will need to hire an attorney to file an Answer to the divorce.
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