Legal Question in Family Law in Utah
Improper service on a summons and complaint?
I was served a summons and complaint (I guess) from my ex husnads wife for a modification of our divorce decree in regards to the soul custody of my son. She dropped my son off in the morning and handed me his book bag and a sealed envelope. She handed them to me all together and when i asked what was in the envelope she sd mit was some old mail for me. I openend my ''old mail'' four days later to see a summons! It said she served me at an address I do not live at and she hid it maliciously. Is this even proper service and if not what do I need to do to get the case dismissed?
1 Answer from Attorneys
Re: Improper service on a summons and complaint?
I doubt that service was proper - however the reality is that they want to change the divorce decree. You could probably fight service in court, but they could simply re-serve you properly to go forward. Don't focus on service, answer the complaint and deal with the merits of the case.
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