Legal Question in Family Law in Utah
Ex- wife took me to court without my knowledge
My ex-wife took me to court, without my knowledge. She told the court the address she give them for me was he last one that i gave her. But, I had been living with my mother approx. four months prior to this, and she knew the entire time from the first day that i started living there. She would even drop our son off to me at least two times a week. the court sent my summons to the address that she gave them (which I wasn't at), and consequently, I didnt show up. She got my visitation terminated, and from what I hear she told the judge a bunch of stuff that wasnt true (not to mention what my real address was). How should I proceed? I want my visitation back as well as consequences for her, deliberately telling the court a wrong address for me to be summonsed, so i couldn't show up to defend myself.
3 Answers from Attorneys
ex pulls a fast one
That was real slick on her part. In my part of the world (Ohio) that's committing a fraud on the Court. At the very least you can file something with the court to have the decision set aside because you were not properly served. If you have some proof (such as her dropping the kids off) I might also have a discussion with the local prosecutor as well.
Get a lawyer, immediately
You need a lawyer to challenge this order for lack of service. I won on similar facts once, under Montana law, but the key to it is timeliness. You must challenge within most likely a very short time, so get the best lawyer you can and go for it. Based solely on the little you've told me it may be possiblee to obtain sanctions against her as well. Good Luck!
If we have not met face to face and agreed to my representation of you in a written agreement signed by both you and I, then I am not your lawyer. Any comments made here are not legal advice but presented in the spirit of this bulletin board as general information only.
You have the right to notice
Due process is a constitutionally protected right. This means, at a minimum, thatwhen you are sued, you have notice of the proceeding and an opportunity to beheard. If your ex-wife used fraud to obtain a judgment, you should be able to havethe judgment set aside for lack of due process, insufficiency of service of process, orfraud. You should hire a lawyer to represent you and file the appropriate motions.However, don't be surprised if the judge still pays attention to what she says aboutyou. You should have the right to a hearing, it doesn't mean that you will winautomatically.
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