Legal Question in Family Law in California

Served notices to appear
I was originally served divorce papers in 2000 and was said to appear in 2001 in Texas. Since I was out of state, my ex's lawyer and the courts said that since I would cooperate over phone and mail, that I did not have to appear. I did cooperate and on 1/23 I sent a rebuttle about the custody and never heard from them again. I sent off for a copy of my divorce decree and it stated that I was duly cited and failed to appear and wholly made default. I was never served to appear. My question is, when you are supposed to appear, do they have to serve you with some type of notice either certified or hand delivered? So if they never did that, wouldn't it ''cloud'' the agreed decree?

Asked on 12/06/07, 2:34 pm

Anne Marie Healy Law Offices of Anne Marie Healy

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Re: Served notices to appear

You are going to have to contact an attorney in Texas.

In CA, a party can obtain a default judgment but the defaulting party cann still sign a settlement agreement that resolves all the issues.

Check with an attorney in TX as to how the whole process works there.

Answered on 12/06/07, 2:55 pm

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