Legal Question in Family Law in Michigan
Being served correctly
My husband was supposedly served with a citation by placing it on the door of the home. The name on the citation was incorrect (not my husband). Is this notice or citation valid with the incorrect defendant name? His ex-wife modified the divorce decree without his knowledge. Do we have any rights now that we find out that it was not served properly?
1 Answer from Attorneys
Re: Being served correctly
If I understand your question, the ex-wife went to the judge and had the judgment modified. He did not know about it. If there are chidren involved, then the husband has the duty to notify the Friend of the Court of his address. If the wife used the listed address for notice, then at least she was okay on that issue. If it was what is known as a "show-cause", then those normally must be personally served unless a special order is obtained allowing service by tacking on a door, etc. From the info you have given, I do not know if that is the case. You probably should consult a lawyer. If the order uses a wrong name, it may be defective. However, that could easily be rectified and you are back to where you started. Also, it would be handy to know what was changed. William S. Stern