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Tag: valid

How do I file a response in a divorce if the summons is invalid?

How do I file a response in a divorce if missing the court’s address for filing invalidates the summons?

Be very careful getting cute with procedural technicalities. If you were served with a summons that is defective only because it does not include the address of the courthouse where the underlying action was filed, you may or may not have an argument for defective service of process. But to test that theory you may have to take the risk of being defaulted and then moving to set aside the default and default judgment and hoping you prevail on that motion. That is not a risk I would be willing to take myself. 

What you need to do immediately is consult a good attorney (i.e., a knowledgeable, skilled one) and fast, i.e., before the time in which to file a responsive pleading has expired, so that if you, after conferring with at least one good attorney, determine you need to file something with the court before the responsive pleading time expires you can. 

Utah Family Law, LC | divorceutah.com | 801-466-9277  

https://www.quora.com/How-do-I-file-a-response-in-a-divorce-if-missing-the-court-s-address-for-filing-invalidates-the-summons/answer/Eric-Johnson-311

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Which Is Better: spending thousands on GAL/custody evaluator or $0 on a judge interview?

Which Is Better: spending thousands on GAL/custody evaluator or $0 on a judge interview?

How could it be better to spend thousands on a GAL or custody evaluator when the judge can interview children free of charge?

This post is the sixth in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs” for short) in Utah child custody cases when the judge could simply interview the children instead. You do not have to read all 16 posts to benefit from this series. Read as many or as few as you wish.

The purpose of this series is to make the case for the proposition that an interview by the judge is a faster, more accurate, more particular, more reliable, and less expensive form of evidence than what a GAL and/or custody evaluator provides.

How could it be better to spend thousands on a GAL or custody evaluator when the judge can interview children free of charge? In 24 years of law practice, I have never had a judge agree to interview children in lieu of having a private guardian ad litem appointed and/or having a custody evaluator appointed. I submit that it’s not because my arguments lack merit. Indeed, I have yet to encounter a valid, let alone a compelling, argument for why it is better to spend thousands, even tens of thousands, on guardians ad litem and or custody evaluators when the judge can interview children directly, free of charge (as opposed to obtaining so-called “evidence” via court-sponsored hearsay in the form of second, and often third hand information of interviews with the children that allegedly took place but were never made part of the court’s record). There are two main excuses one will hear for why judges should not interview children: 1) judges interviewing children is inherently traumatic for children and/or “puts them in the middle of their parents’ disputes” and thus unjustifiably traumatizes them too; and 2) judges are not qualified to interview children where guardians ad litem and or custody evaluators, and only guardians had lied them and/or custody evaluators, are qualified to do so. Neither justification holds water, as I have explained and will continue to explain in these videos. If anyone would like to hold a debate on this subject, it would be of benefit to everyone involved in child custody disputes, from the child to the parents to the parent’s respective lawyers to the judge.

Utah Family Law, LC | divorceutah.com | 801-466-9277

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