Legal Question in Family Law in Oklahoma

Absence of Divorce Hearing

If I was not served my divorce papers personally, but my mother was, due to my absence in a different town, but was unaware of the papers and the court appearance, and did not appear for the proceedings, my ex-husband was granted full custody of my child, and the court entitled him full rights, and required me visitation every other weekend. My question, if I was not served the divorce document, should I defend myself, in the right to a fair trial, because of my absence?


Asked on 11/11/02, 3:49 am

2 Answers from Attorneys

Herb Southern The Southern Law Firm

Re: Absence of Divorce Hearing

You have to go to the Court where the original order was issued and challenge it there.

However, if you were living with your Mother and it was served on her where yu were living, then it is good service.

All too often I see folks fail to answer thinking that if they were not personally served that they will not have to honor any order that is issued. Even if it later is shown to be bad service, it is in Court that you must show bad service, not to the cop who comes along to help pick up the kids.

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Answered on 11/11/02, 10:40 am
Bob Leonard Bob Leonard Law Group, PLLC

Re: Absence of Divorce Hearing

You can be served without being served directly. There are, however, specific rules that must be followed so you should talk to an attorney to see if the rules were followed. I have had orders set aside because of this, but most of the time, the service was good.

If you cannot have the order aet aside, then you might be able to have it modified if there has been a material and substantial change in circumstances. This is a higher burder to overcome than in the original suit.

You need an attorney to sort all of this out. Because there are some short deadlines than might allow a new trial, you should consult someone immediately.

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Answered on 11/11/02, 10:49 am


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