Q: My ex-wife improperly served me (both self-represented) and did not file proof of service. Do I have to attend?
I was improperly served (electronically when no agreement exists) and my ex-wife didn't file proof of service, likely because she knew she get in trouble for perjury. Do I have to attend the hearing? Can the judge still rule or grant her requests (hearing is a request for orders) if I do not attend the hearing despite her improper service and failure to file? Can the hearing even proceed without her filing proof of service? Do I have any recourse if she continues to file unnecessary requests, especially ones that violate court orders and require me to take time off work which affects my income and retirement (I'm a school teacher so each day requires me to use a vacation day which detracts from my retirement)? Is there another course of action, or a specific course of action, an attorney might pursue?
A: In California, proper service is essential for the court to have jurisdiction over the opposing party. If you were not properly served, technically, you don't have an obligation to attend the hearing. However, if you do not appear, there is a risk that the judge may be unaware of the improper service and might make orders in your absence. It's generally recommended to attend and inform the court of the improper service. If a party repeatedly files unnecessary requests or violates court orders, you can potentially request the court for sanctions against her. In extreme cases, if her actions cause financial harm, you might consider seeking reimbursement for actual costs and losses incurred due to her conduct. To ensure your rights are protected and to evaluate the best strategy, consider consulting with a family law attorney who can guide you based on the specifics of your case. Proper documentation and records of all interactions will be beneficial in making your case.
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