Hi peeps,
I’m in the middle of a divorce, and my soon-to-be ex-husband is pulling some sneaky moves to avoid the process. He was personally served at his sibling’s house, where he was staying to avoid being found. The process server did everything by the book—called out his name, handed him the papers (though he didn’t want to accept them), and even noted how he dropped them at his feet when my ex refused to take them. The server also included a detailed due diligence report describing the whole encounter.
Now, my ex is trying to contest the service, claiming that he was never properly served because he doesn’t live at his sibling’s house. He’s filing a motion to say he wasn’t served at all.
I’m wondering, what are the chances that the judge will accept his motion? Has anyone been through something similar? Advice or insights will be greatly appreciated.
My private investigator snapped some sneaky pics of the guy getting served from a distance. I never thought of doing that before, but it’s actually a pretty smart idea
From what I’ve seen, the judge is gonna be really annoyed with him for trying to play games. Judges have long memories, and you’ll come out ahead in the end.
@PoshLawyer might want to consider having him served again at the courthouse just to be safe.
Anything’s possible, but I wouldn’t stress about this. It’s pretty unlikely that your annoying husband is going to convince the judge that the registered process server is lying.
Unless he’s trying to overturn a default, what he’s doing will just make sure he’s really part of the case.
Honestly, I think the most likely outcome is you’ll get to see your soon-to-be ex-husband make a total fool of himself.
Coming to think of it… If he was never served, then how did he find out about the application you filed? How did he know to file a motion to contest the service? He obviously knows there’s an application. That’s what really matters, not any little issues with the paperwork.