How do I prove I haven't been served?

[mamaskizzy]

Nevada

I am in the process of getting a divorce. I just checked on my state website regarding my case, and it now shows that I have been served change of address papers by him personally on Dec. 28th. I have not been served, and I did not even see him on this day.

How do i prove that I have not been served? Is it worth my time to do so? I filed for the divorce, and would just like for things to be over. Is it possible that he is using this as a stall tactic (he is not happy about getting divorced, and I now have suspicions that he was married to me just to get citizenship-he is from Algeria and has his temp. green card through me. We have been married less than 1 year). What should I do about this, if anything?

 

[j991]

You need to contact the courts where the divorce has been filed and speak to the clerk. Let the clerk know that you are disputing the validity of the service and provide whatever information that you have that would prove that you did not have contact with him on that day. Also, you should contact the immigration services and passport control. Let them know about the situation, the reasons you suspect he just wanted citizenship, etc. They can investigate and if they believe that he is using you to gain access to the country, they can bar his legal entry.

 

[mistoffolees]

You need to contact the courts where the divorce has been filed and speak to the clerk. Let the clerk know that you are disputing the validity of the service and provide whatever information that you have that would prove that you did not have contact with him on that day.

Actually, you probably can't PROVE that you were not properly served. You can dispute the service and explain that you did not receive service. If you were out of state or something, go ahead and provide it.

In reality, the other party has the burden of proof that they served you correctly.

But why do you care? If anything, by disputing the service, you're likely to slow things down rather than speed them up.

 

[LdiJ]

Actually, you probably can't PROVE that you were not properly served. You can dispute the service and explain that you did not receive service. If you were out of state or something, go ahead and provide it.

In reality, the other party has the burden of proof that they served you correctly.

But why do you care? If anything, by disputing the service, you're likely to slow things down rather than speed them up.

I agree. Plus, you can get a copy of whatever it was that you were alledgedly served, by going to the courthouse and asking to see the file.

 

[wileybunch]

Nevada

What county?

I just checked on my state website regarding my case, and it now shows that I have been served change of address papers by him personally on Dec. 28th. I have not been served, and I did not even see him on this day.

He CAN'T personally serve you since he's a party to this case. Maybe you just phrased this wrong. You can go the family court building and view your file to see what was file regarding service.

And, I agree with the others ... you don't want to fight this if you want it over with. But, you do want to make sure you get all FUTURE service so you don't end up having things done by default and not in your favor or whatever so you do need to find out just what happened in this case.