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lwpat
lwpat, Attorney
Category: Legal
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Experience:  Actively practicing trial attorney
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Hi, can you please help me in understanding one thing in an

Customer Question

Hi, can you please help me in understanding one thing in an uncontested divorce.
Once the Respondent signs the document 'APPEARANCE AND CONSENT FOR IMMEDIATE HEARING' which states
that: 'I waive service of process.' and 'Any and all orders may be entered and proceedings held with the
same force and effect as though I had been duly and regularly served with process of Summons and thereafter
defaulted following the lapse of more than thirty (30) days.'

By the above statements I understand that the respondent wouldn't be served and agrees that it can be defaulted.
Is there a possibility for the petitioner to swap any of the original documents either before filing or after
filing the petition, than what the respondent actually read and signed, not sure how this type of divorce works.
Will the judge accept any of the documents that doesn't have my signature. Is this type of divorce is safe for the respondent.
Submitted: 5 years ago.
Category: Legal
Expert:  lwpat replied 5 years ago.

I am assuming that you are asking if your signature can be forged and the documents submitted to the court. Of course they can. However, that can be proved and a person would be stupid to do such a thing. The judge has no way of knowing whether it is your actual signature or not. Normally all signatures should be properly notarized which is to insure their authenticity.

 

If you are going through an attorney, you have nothing to worry about. If you are this concerned, then don't waive service of process or make arrangements to attend the hearing. You can get a copy of what has been filed with the court by contacting the clerk of court and paying a small fee.

 

If I have answered your question, please click on the green accept button.

lwpat, Attorney
Category: Legal
Satisfied Customers: 25384
Experience: Actively practicing trial attorney
lwpat and 8 other Legal Specialists are ready to help you
Customer: replied 5 years ago.

Thank you very much for your reply.

Just wanted to know another thing, If I come to know about it later on that there was a change in the documents than what I actually read and signed after getting the copy from the clerk of the court will I alwyas have right to protest.

Your reply to this will be helpful and highly appreciated with gratitude.

Thanks & Regards,

Ritu.

Expert:  lwpat replied 5 years ago.
Certainly. You can also change your mind anytime prior to the actual hearing or even during the hearing. My advice since this seems to be bothering you so much is to get some advice from a local attorney.

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