If my spouse filed for a divorce knowing whereI was and told the judge that she didn’t know, can I ask for a rehearing?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my spouse filed for a divorce knowing whereI was and told the judge that she didn’t know, can I ask for a rehearing?
Asked on February 22, 2012 under Family Law, Oregon
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Since you weren't served with the petition for divorce, you never had notice and could not have filed an answer within the time set forth in the summons. A default judgment was then entered against you and you can file a motion to set aside the default because you were never served and never had notice and a chance to file a timely answer.
If your wife claimed not to know your whereabouts, then you would have had to have been served by publication which means running notice of the divorce filing in the legal notices section of a newspaper for a requisite period of time which varies from state to state. If your wife didn't know your whereabouts and you didn't see the notice in the newspaper, it is valid service by publication.
Since your wife knew your whereabouts, she could not serve you by publication. Since you were not served by a process server, the marshal or certified mail, you did not have notice and you should have a hearing on that issue to set aside the default judgment.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.