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Category: Family Law
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Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My divorce was final on June 12 and my ex-husband now says

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My divorce was final on June 12 and my ex-husband now says he has never received papers. He was found to be in default. He says its not over. Can the judgement be changed?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. I certainly understand the situation and your concern. The default and judgment could be vacated, if he can show that he was never served or placed on notice of the divorce action. Of course, you have a right to rebut this, by introducing evidence, showing that there was an attempt to serve him twice, along with sending the papers via certified mail and were refused and that they were even sent regular mail. He will have to explain why he avoided service and refused the mail and someone did not receive these and answer them, in a timely manner. The Judge has the final say in vacating the judgment and deciding the matter on the merits, rather then through the default.

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