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My husband filed for divorce .I was never served papers. We…

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My husband filed for...

My husband filed for divorce .I was never served papers. We separated . There was never a change of address . He was granted divorce without my knowledge of hearing and court dates .He deliberately gave a false address so I couldn't be notified. He kept me from knowing anything until it was final.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Kansas

Lawyer's Assistant: Have you talked to a lawyer yet?

No.

Submitted: 10 months ago.Category: Family Law
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Answered in 5 minutes by:
10/2/2017
Family Lawyer: FamilyAnswer, Lawyer replied 10 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,803
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Family Lawyer: FamilyAnswer, Lawyer replied 10 months ago

Good afternoon. I am sorry to hear about this. His actions are certainly in bad faith. In a situation like this, a party can file a motion to vacate the final judgment. They can explain to the Judge the actions of the Ex and how they were never served and placed on notice and given a change to answer to this and the matter should be decided on the merits. Moreover, he likely had to file documents, under oath, so if he knowing liked, he could face criminal charges and face sanctions.

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Customer reply replied 10 months ago
How do I file a motion ? Because I am lost and confused
Family Lawyer: FamilyAnswer, Lawyer replied 10 months ago

I do understand. It would be filed with the clerk of court, in the county where the divorce was filed and ordered. The clerk of court in the family division, may have the forms for you to fill out and file, to vacate the judgment.

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Family Lawyer: FamilyAnswer, Lawyer replied 10 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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