Legal Question in Family Law in Florida

Falsifying Address to be served at

My ex-wife served me papers. Through my fault I failed to respond within the 20days. I assumed everything was finalized. I then moved and she tried serving me again but was unable to as I no longer lived there. She couldn't contact me so she had the ammended petition to show we had property to divide. She then had the papers served to a false address and had a friend of hers sign saying I lived there knowing I would not respond, therefore going into default and the divorce judgement would of course be finalized. I would like to fight this as I want the property to be divided but would like to know if she can get into trouble for putting a fake address to be re-served. And if so what kind of trouble can she be in. Whats the worst that could happen. I've google this but could not find any similiar situation.


Asked on 7/16/07, 4:47 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Falsifying Address to be served at

The court should vacate the service of process.

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Answered on 7/16/07, 4:52 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Falsifying Address to be served at

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The court could hold her in contempt of court for providing false information to the court. The judge can do many things at his or her discretion but the chances are that the default would be set aside and costs assessed against her as well as payment of your attorney's fees if you use an attorney. You should proceed as soon as possible to protect your interests.

Scott R. Jay, Esq.

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Answered on 7/17/07, 1:09 am


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