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West Virginia Motion to Vacate or Nullify Divorce Decree for Lack of Jurisdiction - No Service of Process - Signature of Respondent on Acceptance Forged

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The following form adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

West Virginia Motion to Vacate or Nullify Divorce Decree for Lack of Jurisdiction — No Servicprocesseses— - Signature of Respondent on Acceptance Forged A West Virginia Motion to Vacate or Nullify Divorce Decree for Lack of Jurisdiction can be filed by a party seeking to challenge the validity of a divorce decree issued by the court. This motion is typically filed when there were issues regarding jurisdiction, lack of proper service of process, or allegations that the respondent's signature on the acceptance of service was forged. In West Virginia, if it can be proven that the court lacked jurisdiction over the divorce proceedings, the party filing the motion can request the court to vacate or nullify the divorce decree. Lack of jurisdiction may arise when the court did not have the authority to hear the case due to residency requirements or other legal grounds. Additionally, if the petitioner failed to properly serve the respondent with divorce papers, the court may lack jurisdiction to grant the divorce decree. In such cases, the respondent can file a motion to vacate or nullify the divorce decree based on the fact that they were not properly notified or given the opportunity to respond to the divorce petition. Another ground for a motion to vacate or nullify a divorce decree in West Virginia is if the respondent can provide evidence that their signature on the acceptance of service was forged. This may involve presenting handwriting analysis or other evidence to demonstrate that the signature was not authentic. It is essential to note that there may be different types of motions to vacate or nullify a divorce decree in West Virginia, depending on the specific circumstances of the case. Some additional grounds for such motions could include fraud, mistake, or newly discovered evidence that could have influenced the court's decision. In conclusion, a West Virginia Motion to Vacate or Nullify Divorce Decree for Lack of Jurisdiction — No Servicprocesseses— - Signature of Respondent on Acceptance Forged is a legal motion filed to challenge the validity of a divorce decree due to jurisdictional issues, lack of proper service of process, or alleged forgery of the respondent's signature on the acceptance of service. Different types of motions may exist based on other grounds like fraud, mistake, or newly discovered evidence relevant to the case.

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FAQ

Unless otherwise ordered, a response and any opposing memorandum must be filed within eleven (11) days of service of any motion, except a motion for an extension of time. A memorandum opposing a motion for an extension of time must be filed within five (5) days of service of the motion.

Findings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility.

Rule 12 - Pleadings and motions before trial; defenses and objections (a)Pleadings and motions. - Pleadings in criminal proceedings shall be the indictment and information, and the pleas of not guilty, guilty and nolo contendere.

- Unless a different period is set by these rules or by the court, any response to a written motion, including any supporting brief or affidavits, shall be served as follows: (A) at least 4 days before the time set for the hearing, if served by mail, or (B) at least 2 days before the time set for the hearing, if served ...

- Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, 3 days shall be added to the prescribed period.

- On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect, or unavoidable cause; (2) newly discovered evidence which by due diligence could not ...

A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.

Under the statute, a party who files a motion to quash is not considered to have made a general appearance, and no default may be entered before expiration of the time to plead. CCP §418.10(d). On what constitutes a general appearance, see chap 6.

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West Virginia Motion to Vacate or Nullify Divorce Decree for Lack of Jurisdiction - No Service of Process - Signature of Respondent on Acceptance Forged