Question:
Can I appeal my divorce if I was never served with the final paperwork?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Minnesota divorce laws where I am licensed to practice.
Generally, in order for an appeal period to run you need to be served with the papers. So if you were not served you may be able to appeal provided you appeal within the statutory deadlines.
Service, however, does not necessarily require that you actually physically receive the judgment. Many court judgments are served upon mailing or e-mailing it to you or your attorney. If there is an affidavit of service filed that indicates either one of these things occurred, then whether you received the judgment may not matter.
Should I Appeal?
If you have a good excuse for why you did not receive the final papers – such as they mailed it or e-mailed it to the wrong address – then you may be able to request relief via motion permitting you to appeal. You must, however, have provided your correct mailing address or e-mail address party to the opposing party or court in order to prevail in this type of motion.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Minnesota Divorce Lawyer Andrew J. Laufers, contact Cordell & Cordell.
