Former NBA star Amar’e Stoudemire remains married to Alexis Welch, but a Florida judge recently dismissed their case, why?
Simply, his wife was not served with the divorce documents.
Stoudemire filed his divorce case in October of 2018. At a 120 days, you need to have your spouse served or ask for an extension. Stoudemire asked for one in February of 2019 and it was granted, but five more months go by and still no service on his spouse.
Now, why wasn’t his wife served? It could be a host of reasons, but it seems for now she has been out of the country for some time traveling. If that is the case, then the divorce should not have been filed until she returns to the country. Why? Not only to avoid a dismissal, but also to save money and time.
If the case is dismissed because service of process has not been perfected, an attorney will charge you again to file the paperwork and the court will likely charge you as well to refile.
You should wait on filing until you know the other party can be served, and always provide your attorney with a valid current address and time in which to serve your spouse.
You can also serve your spouse at work.
Alexander Hernandez represents clients in the areas of Chapter 7 Bankruptcy, Family Law/Divorce, and car and motorcycle accidents.
(904) 712-5565 or (305)-688-LAWS (5297).