Tuesday, April 5, 2011

WHAT SHOULD I DO IF I WAS ILLEGALLY SERVED?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Will I still be entitled to spousal support? My husband makes 150,000 a year. He illegally served me divorce papers (in person). He filed a document with the court. The county sent me a later stating that if I don't dispute his claim for divorce within a matter of days I will not be entitled to spousal support. He is my only source of income. Please help.

ANSWER: You should immediately interview experienced Family Law Attorneys and retain one without delay, to file your Response in the divorce case if that can still be done, or to file a Motion to set aside your default or to Quash Service if your default was already entered.

From what you stated, it sounds like your husband filed a proof of service asserting that you were properly served, and a request to enter your default. There is no time to lose. You would likely be entitled to significant spousal support, but if your default is taken after you know that your husband filed the divorce case and claims that you were served, you may be precluded from setting your default aside if you wait too long.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City.

Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues.

www.conviser.net and www.conviserfamilylaw.com

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