Re: Is it too late to answer the petition?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

First and foremost, if your spouse knew of your address and failed to have you served but published instead by swearing that she did not know your address, this is considered fraud upon the court and the judge should be very concerned about this taking place. You should make a very loud statement about it to the court.

Second, you need to call the judge's chambers today and inform them that you have never received the complaint and request that the judicial assistant send one to you by facsimile. Many times the judge's staff will be very cooperative with a party who is unrepresented by an attorney.

At the same time, request that you be allowed to attend the hearing by telephone tomorrow. The court will allow you to call in and be heard by telephone if you arrange for your appearance in advance.

Scott R. Jay, Esq.

Re: Is it too late to answer the petition?

With constructive service, the Court will be limited in what they can do at the final hearing. They can only finalize the divorce, award real property that is located in Florida to your wife, and award your wife custody of the children. The court cannot order support payments with constructive service.

If you want to be heard on this matter, you need to get down to Miami for the final hearing tomorrow or hire counsel to appear on your behalf. At the very least, you should call the Judicial Assistant for the judge and ask them if the hearing can be rescheduled or fax them something that says you object to the final hearing and have not had the chance to obtain counsel or see the divorce paperwork.

However, beware that if you do appear in this matter, the court will have personal jurisdiction over you and can order you to pay current and back child support (if you are not currently paying it).

If you don't appear, your wife will likely have sole custody of your kids, and you will lose your right to visitation unless you make an appearance.

Lots of issues here - I strongly recommend that you find an attorney in Miami to talk to about this ASAP.