Divorce

[HzlEyez]

If my boyfriend filed for an uncontested divorce against his wife.  The day his wife was supposed to show up to sign the paperwork she negated and told the advocate doing the paperwork for my boyfriend that she was going to have her lawyer contest the divorce.  
My boyfriend was then advised by the advocate that he would have to wait 40 calendar days to than come in to the office to fill out some legal paperwork so, the divorce paperwork could be submitted to the court so, that it could be placed on the calendar for the judge to view and make a final decision.  My boyfriend was never served with any paperwork from his wife.  Now he recently contacted the advocate to inform her that he would be stopping by her office to pay her for her services.  The Advocate was okay with it but, then called him back approximately an hour in a half later and told him to forget bringing in the money because, upon her having gone to the court to find out the status of his case.  The Advocate state's that she was informed by the court that my boyfriend's wife went to the court and told them that she had served him and that an affidavit was on file that he had been served.  My boyfriend doesn't understand how she could lie to a court and so, he went to the advocate so, she could explain what would be the protocol now?  As per the advocate she needed his authorization to view the paperwork that was alleged by his wife were served to my boyfriend and the affidavit so, my boyfriend signed the authorization form that the Advocate gave him to sign.  The Advocate told him once she viewed and obtained the information she would contact him.  
Now the inquiry me and my boyfriend have is how can he prove that he was never served and that his wife is lying?  Also, are there options available to my boyfriend to hold her liable for actions?
If you need further details please feel free to indicate via the reply, please note any assistance in regards to this matter will be appreciated.

[FatherTime]

I think that she will have to prove that he was served the papers for the court.  It could be and looks like perjury.  If she was trying to pull a fast one over on the court, then the court will probably not like the fact that the court was lied to.  

You need to look at the affidavit on file.  How and who signed the affidavit?  Call them into court to explain.

It helps to give your state at least for people to help your better understand the various state laws that apply.


DISCLAIMER: I'm not an attorney, Liewyar, feminist, mediator, counselor, nor am I an authority on any subject. Please consult or payoff one of the above for area appropriate legal advice.

FatherTime

[MixedBag]

I'm thinking, skip tha Advocate and call or better yet GO to the courthouse and see for himself what got filed and get copies of everything.

Advocate???  which state are you in, or maybe which country are you in?

attorneys in the states, and I know it's solicitors in England...

a lot of "what do I do now?" comes from where are you and what are the laws there.

O.K., she filed instead of he filed.  Important is that something was filed and the process is started.  Who cares if she divorced him, or if he divorced her.  Uncoupling is the goal which means they need to get a divorce.

Now find out what was filed and go from there.

Is it important that she lied and said he was served?  Again, to me, only if it means that he's at a disadvantage.  BUT you now know the level she will stoop to.

[HzlEyez]

Hi,

I am sorry I didn't provide that information in regards to the state me and my boyfriend reside in.  The state we reside in is New York.
If you could let me know the state law's or direct me to where I could direct my boyfriend to search for the state law's I would appreciate it.

Thank you

[HzlEyez]

Hi,

Could my boyfriend go directly himself to the Court and see for himself what was filed and obtain copies.

We currently reside in New York State.

Well, the sad thing about all of this is that me and my boyfriend know she is a liar but, we didn't know that she was this deceitful and what I tell my boyfriend is that I am a woman and I am disgusted by all of this woman's actions.  

Thank you for any information or guidance that you or anyone provides us it is really appreciated.

[mistoffolees]

>
>Hi,
>
>Could my boyfriend go directly himself to the Court and see
>for himself what was filed and obtain copies.
>


Yes, you can. Contact the court clerk where she filed and ask how you obtain copies. They will probably have a standard form and you'll pay a modest fee.

HOWEVER, in my experience, you will get much better results if you retain an attorney. While it is perfectly legal to represent yourself, our court system is complex enough that few people can do it well without help.

Good luck.

[notnew]

Your disclaimer is a hoot! And so TRUE!!!

Lawyer means lier that is for sure!

Oh, after all these years being involved in this crap, I beg to differ on the authority line though. But yes, with enough money, you can get everyone to say anything.

[notnew]

//www.michie.com has some states laws listed. If not NY, try looking up the judiciary site for your state and see if you can track the laws from there.

Some circuit court sites have helpful links too. Just search around.

Good luck.

BTW - she cannot serve the documents herself. They must be served by someone who is not a party to the case.

Good luck

[notnew]

Yes, he could go and get a copy for himself, but that would mean he was legally served by serving himself.

You can get a copy of the filing. Then you know what it says and he wasn't served.

He needs to refile his original divorce filing. I don't know why the other person told him 40 days to wait. The laws may be different in your jurisdiction. They vary from state to state and sometimes county to county.

Call your court and ask if they have a pro-se office that can help him get the proper forms to make sure he files right. They cannot give legal advice. There may be a law library you can access but a lot of information is on the net.

You found this site, you can find the rest.