Question

  04/10/12, 2:02 pm
I am having problems with my divorce here in California; my ex's attorney continues to avoid communiation with me, lies in court about documentation that I have sent him as requested, and lies about his responses. The judge has ordered him and my ex to provide me with certain information wi th a 1 week time frame; after waiting for two weeks I contaced him and he lied to me and said that he was never provided that order. I want to know how to go about forcing him to step up and honor his ethical obligation as an attorney, and force my ex-wife to pay me the money she duly ows me per out adjudication.
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United States   |   California  |  Family Law Divorce Child Custody and Adoption
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Answer

Darrell York Says:

Apr 13,2012 10:01 AM

You need to have a paper trial for everything that you served upon him. In family law, you can serve the other party with you responses and documents via first class mail or personal service. Since he is claiming that he never received them I would now resort to personal service and this must be accomplished by a non-party. You can have a friend or relative serve him but it might be better to pay a process server and they aren't that much. The party serving the documents must then complete a proof of service showing what documents were served, when and where they were served. This proof should be filed with the court. That way if there is a question regarding service, the judge is going to believe a registered process server.


Darrell York
Law Offices of Darrell J. York
27240 Turnberry Lane, Suite 200,Valencia, CA 91355
866-908-2121
http://www.djylaw.com

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