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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117370
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have another question regarding my divorce, I have a list

Customer Question

Hi I have another question regarding my divorce, I have a list of witnesses for the financial trial. They were presented on the due date to the other side and the court. The problem I have is the processor is having a heckuva time serving the key witnesses
on my behalf because the witnesses were given a heads up by my soon to be ex! We are two weeks into the financial trial and none of my witnesses have been legally served!!! Question one is what can I legally do here? Question to can the judge say that my witnesses
really don't pertain to this legal wine and chill part of my divorce?!!!
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, if they are your witnesses, you have the legal responsibility to have them present and to get them served. So you are going to have to get a more experienced processor to serve them and if you cannot do so then the court will typically not give you more time to do so if they are dodging you, BUT you can ask now for a continuance and explain that the witnesses are dodging service because your ex has given them advance notice and see if the court will give you a few more weeks to serve them and you would need to get your process server to come in to testify.

Customer: replied 1 year ago.
Wish me luck!!!
One of the witnesses
Write a last ️will & testimony
& POS Worth $2 million and giving away all my assets that I possess...
To my husband and his family without my knowledge.
As well as he's from one of the largest law firms here and Chicago!
That you are also in a private business together and made millions together in this private business.
My ex will not explain where or what or how he changed the funds or where that the funds are today and which bank accounts the funds got dropped in to!!!
The other witnesses also are very much typical to the first witness I explained!
All dirty with money
I think you for your assistance!!!
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

It seems that people like you describe are always the first to try to avoid going to court and testifying. You need to consider using a process server who specializes in difficult service and you need to check with the process server you are using when you contact them and let them know the service is going to be difficult because the person is avoiding service, as that changes the tactics they use to serve the person.

Please do not forget to leave positive feedback, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Customer: replied 1 year ago.
I'm not avoiding court.
I've been there for the past two weeks one week I spent on the stand testifying to second week my husband has been on the stand testifying.
It is the witnesses on my list that are his friends that did wrongful acts, that I am subpoenaing. But since the other console got a hold of the witness list they put the word out/they being my husband...
To these characters/witnesses to a vague the processor.
Another one of these witnesses is a girlfriend my husband has been keeping since 2007.
When the last will and testament/POA was written!
Do you see how it all kind of fits?!
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

I did not say YOU were avoiding court, perhaps you misunderstood me, please read it again. I said the people you were describing typically try to avoid court.

You need to get a process server who specializes in hard to serve individuals and those who avoid service.

The only way you can make sure they come to court is getting them served and if they are avoiding service, then the process servers have to use different tactics to get them served. Once served you can file a motion in court to treat these witnesses as hostile witnesses (not witnesses willingly cooperating) and the court would likely grant that motion which would allow you to treat them differently by asking them leading questions. However, you need to get them served and if you do not do so and they do not attend that is considered by the court as your responsibility.

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