Legal Question in Family Law in California
A week ago I got served divorce papers by my wife. On the papers it says she filed many months ago. That means on the proof of service portion she had to have lied. I have many witnesses who saw me get served. Did my ex-wife commit perjury? If so what can I do about it?
3 Answers from Attorneys
How does the fact that the papers were filed months before they were served become a lie or perjury?
The proper procedure is for the petition to be filed, and a summons issued. The summons then gets served with a copy of the petition. Like Mr. White, I fail to see how the fact that the papers are served now mean she committed perjury.
Papers are often served long after they are filed. I have a client who just today was served with a complaint that was filed a month ago.
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