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ex concealed court filings

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exisSociopath

Junior Member
What is the name of your state (only U.S. law)? CA
I was Self Represented during a Legal Separation. I was under the belief that we had reconciled and the case was to be dropped. Instead, court documents with judgments against me were filed by my ex and her attorney, but I never saw any of the filings. My ex and I co-habitated during the separation and she intercepted all the proof of service mailings intended for me. Do I have any legal recourse?

Btw, she ended up filing for dissolution of marriage under the Legal Separation case and received an exorbitant amount of support and disproportionate custody, so the deceipt was very damaging emotionally and financially.
 


Gracie3787

Senior Member
What is the name of your state (only U.S. law)? CA
I was Self Represented during a Legal Separation. I was under the belief that we had reconciled and the case was to be dropped. Instead, court documents with judgments against me were filed by my ex and her attorney, but I never saw any of the filings. My ex and I co-habitated during the separation and she intercepted all the proof of service mailings intended for me. Do I have any legal recourse?

Btw, she ended up filing for dissolution of marriage under the Legal Separation case and received an exorbitant amount of support and disproportionate custody, so the deceipt was very damaging emotionally and financially.
How long ago were these orders issued?

You need to get a consult ASAP to see if you have any recourse regarding lack of service.
 

mistoffolees

Senior Member
How long ago were these orders issued?

You need to get a consult ASAP to see if you have any recourse regarding lack of service.
In addition, if the proof of service mailings required your signature and she signed your name, you might consider asking the DA to press charges against her.
 

LdiJ

Senior Member
In addition, if the proof of service mailings required your signature and she signed your name, you might consider asking the DA to press charges against her.
If he can get it resolved without taking it quite that far it might be better. They do have mutual children. One parent sending the other parent to jail, when violence is not involved, kind of does a number on the kids.
 

mistoffolees

Senior Member
If he can get it resolved without taking it quite that far it might be better. They do have mutual children. One parent sending the other parent to jail, when violence is not involved, kind of does a number on the kids.
One parent obtaining a divorce and robbing the other parent blind isn't so hot, either. The kids are probably better off being with the father than with a lying, conniving mother, anyway.
 

LdiJ

Senior Member
One parent obtaining a divorce and robbing the other parent blind isn't so hot, either. The kids are probably better off being with the father than with a lying, conniving mother, anyway.
I am sure that they probably are...but they probably still love their mother anyway. This isn't a gender thing for me either. I wouldn't want a mother to send a father to jail either if violence is not involved. I am not talking about spending a day or two in jail either. Sometimes that's just necessary if someone is seriously in contempt.
 

mistoffolees

Senior Member
I am sure that they probably are...but they probably still love their mother anyway. This isn't a gender thing for me either. I wouldn't want a mother to send a father to jail either if violence is not involved. I am not talking about spending a day or two in jail either. Sometimes that's just necessary if someone is seriously in contempt.
Sometimes justice must be served. If she really did obtain a divorce by lying and forging her husband's signature, she needs to be punished. It's up to the court to determine what form that punishment takes.

It's not very likely that she's going to be in jail long enough to be out of the kids' lives, so that's a red herring. At some point, though, people need to learn that there are consequences to their actions.
 

LdiJ

Senior Member
Sometimes justice must be served. If she really did obtain a divorce by lying and forging her husband's signature, she needs to be punished. It's up to the court to determine what form that punishment takes.

It's not very likely that she's going to be in jail long enough to be out of the kids' lives, so that's a red herring. At some point, though, people need to learn that there are consequences to their actions.
Sometimes though if the consequences are financial rather than jail, they learn their lesson very well.
 

exisSociopath

Junior Member
Thanks for the back and forth. But perhaps I should interject.

As you can see from my handle, wife is psychotic. She has been lying, deceitful, uncompromising, vindictive etc. during this whole ordeal, which is going on 4 years (i wanted to mediate a settlement within 6 months). Also, throw in parental alienation of my 13 year old daughter... I would feel no guilt in the mistoffolees recommendation. Unfortunately, It was a proof of service by mail with no signature required. This lack of service to have the separation orders dismissed sounds reasonable. How could this be argued?
 

LdiJ

Senior Member
Thanks for the back and forth. But perhaps I should interject.

As you can see from my handle, wife is psychotic. She has been lying, deceitful, uncompromising, vindictive etc. during this whole ordeal, which is going on 4 years (i wanted to mediate a settlement within 6 months). Also, throw in parental alienation of my 13 year old daughter... I would feel no guilt in the mistoffolees recommendation. Unfortunately, It was a proof of service by mail with no signature required. This lack of service to have the separation orders dismissed sounds reasonable. How could this be argued?
That's going to be a tough one, because the docs were mailed to your actual address. Its going to be your word against hers.

Have you checked out the support orders to be certain that they are not guideline?

What was the custody that was ordered?
 

mistoffolees

Senior Member
Thanks for the back and forth. But perhaps I should interject.

As you can see from my handle, wife is psychotic. She has been lying, deceitful, uncompromising, vindictive etc. during this whole ordeal, which is going on 4 years (i wanted to mediate a settlement within 6 months). Also, throw in parental alienation of my 13 year old daughter... I would feel no guilt in the mistoffolees recommendation. Unfortunately, It was a proof of service by mail with no signature required. This lack of service to have the separation orders dismissed sounds reasonable. How could this be argued?
Get an attorney.

How long ago was it? If it was fairly recent, then your attorney will ask the judge to re-open the case due to contempt on the part of your ex (actively interfering with service should be sufficient to reopen the case). You won't be able to do it on your own, though.
 

Isis1

Senior Member
Thanks for the back and forth. But perhaps I should interject.

As you can see from my handle, wife is psychotic. She has been lying, deceitful, uncompromising, vindictive etc. during this whole ordeal, which is going on 4 years (i wanted to mediate a settlement within 6 months). Also, throw in parental alienation of my 13 year old daughter... I would feel no guilt in the mistoffolees recommendation. Unfortunately, It was a proof of service by mail with no signature required. This lack of service to have the separation orders dismissed sounds reasonable. How could this be argued?
just wanted to mention, please don't use that word in court or on any court documents. psychotic. unless of course you are her acting mental therapist. i know someone with that same description. makes them an idiot. not psychotic.

for lack of service, you'd have to prove wife withheld them from you. in otherwords, a certified witness seeing wife pick the paperwork out of the mailbox, and hid them from you. a security camera?

if wife says, "that's not true, your honor" you need to have evidence it is true. unless of course you are the lucky few that has a spouse that will say "i sure did, your honor".
 

mistoffolees

Senior Member
just wanted to mention, please don't use that word in court or on any court documents. psychotic. unless of course you are her acting mental therapist. i know someone with that same description. makes them an idiot. not psychotic.

for lack of service, you'd have to prove wife withheld them from you. in otherwords, a certified witness seeing wife pick the paperwork out of the mailbox, and hid them from you. a security camera?

if wife says, "that's not true, your honor" you need to have evidence it is true. unless of course you are the lucky few that has a spouse that will say "i sure did, your honor".
Yes, it would be better if he could prove it. OTOH, here's the scenario as I see it:

1. Service was by mail. He works outside of the home. We don't know if she works outside the home or not, but since she was able to intercept the mail, I'm assuming that she either does not or her work schedule is such that she gets home first.
2. He never showed up for the hearing or made any response to any of the legal issues.
3. He ended up with a very one-sided divorce decree.

Now, we have 2 scenarios:
1. She took the service documents and any other court documents and destroyed them - and he never saw them.
2. He actually did receive the service and allowed himself to get railroaded with a terrible result and never even tried to take any action.

Since it will be his word against her word, the judge has to decide which of those two scenarios is more plausible. if neither person comes across as a shifty liar, then the judge must pick one. Most judges would decide on the basis of which one allows justice to be served. One could argue that reopening the case to allow him to present his side would be fair. Furthermore, Occam's razor says that #1 is quite likely - why in the world would he ignore the legal documents knowing that he'd end up with an unfair settlement?

Of course, if he actually received ANY documents before the decree was signed, his argument becomes about 10,000 times weaker.

There's another side to this issue. His ex was represented by an attorney and he was not. If her attorney know what she was doing - or even suspected it - it would be a major ethical violation. It might be worth talking with the Bar association about it, as well.
 

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