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Lee Borden, Attorney at Law

Lee Borden, Lee Borden is a lawyer and divorce mediator in Birmingham, Alabama. In his own words, "I am honored to be the moderator of the Alabama Forum on Divorcenet.com. This is a wonderful resource for people who are going through divorce, and I'm pleased to be part of it."

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#216895 - 04/20/09 08:10 PM jurisdiction and validity
shocked1990 Offline
New User

Registered: 04/20/09
Posts: 1
What happens when a person who is not associated with the state files for a speedy divorce in the state, falsifying residency and the attorney filing is aware.

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#216920 - 04/21/09 10:39 AM Re: jurisdiction and validity [Re: shocked1990]
HevnMaidMe Offline
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Registered: 12/03/04
Posts: 4058
If the respondent to the divorce summons does not wish to divorce, they could immediately contact the court where it was filed and contest it as null and void, so long as respondent is able to prove the petitioner does not have legitimate ties to the state (residence, driver's license, employer, etc.) At best the petitioner will have wasted their time and money, and the attorney could be warned to thoroughly check their client information and references (the attorney might claim unawareness).

It might be more complicated and costly if the divorce was already granted.
_________________________
When you know better, you do better -- Maya Angelou

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#216926 - 04/21/09 01:24 PM Re: jurisdiction and validity [Re: HevnMaidMe]
Lee_Borden Offline
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Registered: 03/23/05
Posts: 262
If this occurred in a state you believe lacked jurisdiction to act, make sure that anything you send to or file in that state makes it clear that you are in no way submitting to the jurisdiction of that state.
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Lee Borden - Divorceinfo.com

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