We have been living separately for over five (5) months and he never notified me or our grown children of his travels. I had a legitimate processor serve him at his high rise condo where he resides with his parents (as his insurance indicates and has told his father admitted he was living there). I tried three times, but he wouldn't allow the guard to admit my processor in, so on the third try I left it with the guard. I also mailed it to him. Now, it's been a month and his attorney claims to want to contest it.My attorney left voicemails for his attorney, but his attorney never called back until a few days later that he wasn't quite officially representing my spouse, but now he is. Also, can he contest this even though he didn't fulfill his fiduciary duty to inform of his departing?
This does not appear to be an immigration question. I am changing the practice area.
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I don't see a relevant fiduciary duty, but I believe that under the circumstances substituted service is valid. Substituted service should have involved serving the parents, and mailing your spouse, with separate packets of legal papers. Spouse should have arranged for the mail to have been forwarded and should have arranged to be, and/or should have been, notified by his parents of the papers. Regardless of propriety of service spouse might have a valid basis for relief from default. Both sides should reach agreement on the fact of service and, if reasonably necessary, a delayed response date.
There's no fiduciary duty to inform regarding travel, international or not. The process server should have been able to effectuate service of the Summons, but you also say that you served it, and that you mailed it; you can't be your own process server.
Most critically, why is your soon-to-be-ex bothering to contest service? Seems like a colossal waste of money. Ask your attorney what's going on!
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