Legal Question in Family Law in California

son is incarcerated, his spouse has filed for a divorce which is final 05/04/11, he said he was never served, he is asking for spousal support, can he get that or how can he contest this with the court?


Asked on 3/06/11, 9:23 am

1 Answer from Attorneys

James Chau Law Offices James Chau

Service is required for any due process requirements for a dissolution. You should go to the court house and examine whether there is a proof of service in the file. If the proof of service was valid then the matter would be resolved. As far as spousal support if the original divorce did no detail the issue of spousal support then possibly he could ask for it, but if the divorce decree already terminated spousal support then it may not be possible. If your son is wanting to set aside the judgment he will need to act soon otherwise the time frame for doing so will expire and he may be unable to do anything further. He should consult with an attorney quickly.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 3/06/11, 3:02 pm


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