QUESTION
What type of recourse do I have if a divorce granted without notification of spouse on filing?
Asked on Dec 07th, 2012 on Divorce - Michigan
More details to this question:
Husband moved out of the home in 2010 taking many joint belongings and some of his own without giving me a forwarding address. Today he called my sister and told her that our divorce is final. I was never notified of his filing, he is somewhere in Indiana and I still live in the marital home in Michigan. My sister asked him why he did not serve me with papers and he said he put an ad in the local paper. We served local papers in the Metro Detroit area and we cannot find a notice. There was notice in an Indiana paper. I have the same phone number I have had for 20 years and my husband never served me or tried to contact me.
4 ANSWERS
Dennis P. Mikko
You should obtain a copy of the Judgment of Divorce from the Indiana Court. Since you were not personally served, it is likely that the Judgment did not involve a property division and only granted the divorce. If there is a property division, you would be well advised to contact an attorney in Indiana to contest the Judgment based on improper service.
Answered on Dec 10th, 2012 at 1:41 PM
This looks like a good case to set aside the judgment for lack of service. If he claimed he didn't know where you lived and served you by substituted service for that reason, he has committed perjury, fraud upon you and the court and you should be able to set it aside in that jurisdiction.
Answered on Dec 10th, 2012 at 1:41 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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In Michigan, if you did not receive notice, you may be entitled to set aside the Judgement. Certain documents will have to be reviewed and issues raised in the Court.
Answered on Dec 10th, 2012 at 1:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, if he knew how to contact you he should've done so and the fact that you were still living in the former marital residence implies he is probably committed a fraud on the Indiana court. Again engage an attorney.
Answered on Dec 10th, 2012 at 1:38 PM