Tag: sign

What Should I Do When a Family Court Judge Refuses to Look at My Evidence?

What should I do when a family court judge refuses to look at my evidence of abuse because my ex’s lawyer lied about me bringing it to him when I had a witness with me?

What you can or should do depends upon why the judge would not consider your evidence.

You say that the judge refused to review your evidence because the judge believed a lie that your ex’s lawyer told him (I presume) something along the lines of “Objection, Your Honor, I was never given a copy of these documents/photographs/recordings. I’m not prepared to address them.”

You claim that you can prove that your ex’s lawyer is lying because you had a witness with me when you delivered the evidence to your ex’s lawyer (I presume) well in advance of the hearing.

It appears that either the judge did not believe you, or, if you did not bring the witness with you to court, that the judge ruled that without the witness’s testimony the judge would not believe that you served your ex’s lawyer with the evidence, and thus would not allow you to present that evidence to the judge.

The lesson learned here?: when you deliver or serve documents/photographs/recordings to someone and need proof that you did so, use a method of delivery or service that provides an objective means of proving it. Have the lawyer or someone at his/her office sign for the documents/photographs/recordings when you or someone from the post office deliver(s) them.  Or you could email the documents/photographs/recordings to the lawyer, which would another way of proving that you delivered/served them. Another thing you could do is file a copy with the court which, though it does not objectively prove you delivered/served the documents on the lawyer, the point is that if you went to the trouble of filing them with the court, then it’s more than likely you also delivered/served them on the lawyer too. Another thing you or your lawyer should do is file a certificate of service with the court that you or your lawyer served/delivered them.

Utah Family Law, LC | | 801-466-9277

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What happens if you are served divorce papers yet don’t sign them?

What happens if you are served divorce papers yet don’t sign them?

I will answer this question as it applies in the jurisdiction where I practice divorce law (Utah):

If by “served divorce papers” you mean that you are served with a summons and complaint (or petition) for divorce, then if you do not take those documents (the “papers”) from the process server and/or do not sign acknowledging receipt, you are, unless the court orders otherwise (and I’ve never experienced the court order otherwise) still served with the summons and complaint. Otherwise stated, “refusing” to take the documents when the process server attempts to hand them to you does not mean you are not served and “refusing” to sign for the documents when the process server attempts to hand them to you does not mean you are not served either.

If you hide from the process server thinking you can’t be served if you can’t be found, that’s not true either. If you try to avoid service, your spouse may file a motion with the court asking to allow service by some other means, such as by publication in a newspaper, by mail, by email, or even by text message or instant messenger.

If by “served divorce papers” you mean that you are mailed or given a proposed divorce case settlement agreement, then whether you choose settle on those terms is your choice. But remember: just because you did not sign your spouse’s proposed settlement agreement does not mean you will prevent the divorce from occurring. If you and your spouse do not settle, then the case will go to trial and be decided by the court after a trial.

Utah Family Law, LC | | 801-466-9277

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Can you divorce your spouse even if your spouse does want a divorce?


This is what is known as “no fault divorce”. Every state in the U.S. has no fault divorce laws.

Many people believe that “no fault” divorce means that one cannot get divorced without being at fault. No, it means just the opposite.

No fault divorce is the process of filing for an obtaining a divorce without being required to prove marital “fault”. Instead, all one has to do to file for a no fault divorce is allege incompatibility or irreconcilable differences such that the marriage cannot or should not continue.

One does not need to prove things like adultery, physical abuse, alcohol or drug abuse, emotional cruelty, etc. to obtain a divorce. No fault divorce means one can get a divorce for no reason at all, but simply because one does not want to be married anymore.

Some people believe that you cannot get divorced if your spouse “refuses to sign the papers”. Not true. Your spouse does not have to consent for you to get divorced. Your spouse cannot prevent the court from granting you a divorce by “refusing to sign the papers” because “your spouse signing the papers” is not required to obtain a divorce.

Utah Family Law, LC | | 801-466-9277

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