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Is my divorce decree/judgment null and void because I never was properly served divorce papers, or summoned?

Family Law Discussion Forum

Is my divorce decree/judgment null and void because I never was properly served divorce papers, or summoned?

Postby deangelo51 » Tue Apr 17, 2012 1:48 pm

I was going through my divorce for two years, I have never been through a divorce and completely trusted my lawyers, which I had two different lawyers during the divorce because my first and even the second one were covering up many terrible things that my wife did to me during our marriage, stealing very large amounts of money from me during the entire marriage, --she handled all the financials because she is a financial advisor/stockbroker for over 25 years, and I loved and trusted her completely but never knew she was stealing/embezzeling hundreds of thousands of dollars of my own nonmarital money,all while we were purposely trying to concieve 3 children that we both planned on having,which we did,and then I now plainly see all of her premeditated devious/evil scheme, so terribly sad that she preplanned/schemed this broken family upbringing for our innocent kids that have to suffer through this, and their future lives---

---she was also verbally, physically, emotionally abusing me, etc.the last 18 months before she methodically filed divorce, twice, just 2 months between them, she strategically did this,dismissed the 1st with false plans, hopes in my mind for ouir kids sake, and agreement to reconsile,which she had no earnest intent at all, and then filed divorce again, so to eat up more time and to use up and cover up all the money she embezzeled from me – ,all for her own selfish gain, child support,control,custody,etc,- it then became perfectly clear that she was using my own money to bury me with,high lawyer fees,dissipating/squandering it all, getting everything covered up and to go her way with high dollar controlling lawyers, that were no doubt working in cahoots with mine,

oh, there was also another lawer with the 1st divorce also---and this has lasted 4 1/2 years now

the divorce went to trial because it was contested, I told both of my lawyers that I was never served divorce papers, never summoned to appear in court, but they both told me that didn't matter,

there was a lot of corruption going on and I received a very corrupt and unjust judgment, my lawyers railroaded me through the divorce even though I kept telling them I don't think I was properly served and that my divorce decree should be null and void, I looked through my court file at the courthouse and found the summons that was not filled out at all, nor filed with the court with a file stamp on it, my certificate for dissolution of marriage was also there and blank also, after much research I am convinced that my divorce decree/judgment should be null and void, because of lack of/denied "due process of law", which entails being served properly of any court action taken against a person, which is the law and our constitutional right, the 14th amendment, and I was denied all of this and railroaded through the process, I can't afford to inquire about this with any attorneys since they left me broke with totally unaffordable child-support payments,

who do I see and show these blank documents to that were never used, that should have been to begin my divorce process legally, for two years or more I have tried to contact the Circuit Court clerk by phone and in person numerous times and have always been told she is out to lunch, not in today, not around right now, all the time during numerous attempts, etc. etc., – – this is a huge red flag to me now, I suspect huge corruption and conspiracy, since it is the Circuit Court clerk who is supposed to to handle all legal matters/notifications/mailings, etc. of any court actions/complaints/lawsuits, – – sending out notices, proper filing of documents, etc., – – I found out all of this on my own doing my own research – – is the Circuit Court clerk the person that I should be trying to see about getting my divorce decree declared null and void/set aside/dismissed,etc, since I was denied "due process of law", and how do I get to see her if she is purposely avoiding me, most likely because of everything I said here, or is it the prosecuting attorney that I should be trying to contact and inform him about this, or what other means could there be that I should be pursuing, and am I right about this, that it should be null and void, any help would be greatly appreciated if anyone can steer me in the right direction – – and how would it be made known, or proved to me that it is now null and void

did the courts lack jurisdiction over my case since I received no -due process of law---civil procedure-service of process

can I sue her for fraud, embezzelmeny, grand theft larceny or something for all the criminal actions she did to me and our kids

I hope someone can give me some hope for me and my kids from this evil individual
deangelo51
 
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Is my divorce decree/judgment null and void because I never was properly served divorce papers, or summoned?

Postby ruelle » Tue Apr 17, 2012 1:50 pm

No
ruelle
 
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Is my divorce decree/judgment null and void because I never was properly served divorce papers, or summoned?

Postby fychan97 » Tue Apr 17, 2012 1:53 pm

Perhaps she's never there because she's tired of you stalking her. Have you already gotten an answer from the court on this? Yes. If you believe that things were so corrupt, all you can do is talk to a lawyer and see what you can do.

On another note, though: It doesn't matter to the court what your "evil individual" of an ex wife did to YOU. They will not take your kids away from her if she treats THEM well. Just because parents don't get along, doesn't make anyone a bad parent. This is something men in divorce really need to start to understand. If a woman isn't nice to you, you don't get to take her kids away.
fychan97
 
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Is my divorce decree/judgment null and void because I never was properly served divorce papers, or summoned?

Postby hussein » Tue Apr 17, 2012 2:02 pm

Perhaps she's never there because she's tired of you stalking her. Have you already gotten an answer from the court on this? Yes. If you believe that things were so corrupt, all you can do is talk to a lawyer and see what you can do.

On another note, though: It doesn't matter to the court what your "evil individual" of an ex wife did to YOU. They will not take your kids away from her if she treats THEM well. Just because parents don't get along, doesn't make anyone a bad parent. This is something men in divorce really need to start to understand. If a woman isn't nice to you, you don't get to take her kids away.
hussein
 
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Is my divorce decree/judgment null and void because I never was properly served divorce papers, or summoned?

Postby hillocke » Tue Apr 17, 2012 2:04 pm

My dear friend,find out one good social service organization dealing with such case.They will help you in finding good social service minded lawyer and go to court again.No other alternative.
hillocke
 
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Is my divorce decree/judgment null and void because I never was properly served divorce papers, or summoned?

Postby werner72 » Tue Apr 17, 2012 2:13 pm

If you are legally divorce, if the court signed the final divorce settlement agreement, then you are divorced..do you have a copy of your divorce? You can request one at the court.Since you had a lawyer you need to address these issues with them..
werner72
 
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Is my divorce decree/judgment null and void because I never was properly served divorce papers, or summoned?

Postby blaeey » Tue Apr 17, 2012 2:14 pm

You have been taught a hard lesson here. Never, never give your mate access to your money and you should never have access to hers. Money is the number one reason for divorce and mistreatment along with a good helping of fraud, so avoid it.
If the prosecuting attorney in your area will not pursue this matter you are just screwed.
If a woman won't mary you without access to your money then it's not you she is marrying.Get a pre-nup the next time also, better safe than sorry.
blaeey
 
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