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I never received divorce papers, are we divorced?
My husband is engaged and planning to remarry in May. I thought he was still married to me. Could I have been divorced without my knowledge? How can I find out?
13 Answers
- sglmomLv 71 decade agoFavorite Answer
You need to figure out where your legal residence was (and his too) when the divorce was originally filed ... and then go to the County Courthouse and have a search done for the paperwork (if it is there ...)
OR ... call your spouse/ex-spouse to see if he has a copy of the papers and the order number ... as well as the date that the order was finalized.
Source(s): NORMALLY ... it takes both of you to agree to the divorce to finalize it in family court ... and then you should have received the final order in the mail at your address. So the best thing to do right now is to go where he had established legal residency (since you have stated that he filed the order? Maybe?) ... and ask the clerk for the cost of a SEARCH of the Records of Divorce for ____ v ___ (his name v your name). That search will most likely cost you some money ... and if it is there ... then the order will cost you money to get a copy of the order. This is going to take some time (don't expect the search to be done when you walk in), so do this relatively quickly. I suspect he is conning either one or both of you ... and if you know that he is engaged at this time to another woman ... think about what is BEST for YOU in this situation ... do you want to be the "leftover" he could run back to when his other relationship implodes (From his lies?) Me, I would recommend the answer be NO! So please go figure out his legal address when he 'claimed' to have filed for divorce ... and go to that courthouse and ASK for a search of the records. Personal Experience of someone who survived a short disaster of a marriage, and was HAPPY to leave the bum behind. (Now it is over 13 years AFTER the Divorce, and I can say those years have been so much more pleasant as a single) - 1 decade ago
In most states (if not all), you can go to the court clerk and request a copy of the divorce decree. That way you can see if he some how was able to file with your knowledge.
I am not sure what state you live in, but I know that in the states I have lived in both parties must appear in court (or have a representative like a lawyer appear on his/her behalf) for at least a hearing regarding property, support, etc. Neither party needs to be present when the actual divorce decree is presented and signed. That is usually between the lawyer(s) and the judge. You can be present if you would like to be.
If you have no knowledge of your husband filing for a divorce, then I would find a lawyer and contact the court clerk and make sure that he's not pulling a fast one and forging your information. (And if he is, I would make sure that he is arrested for forgery.)
Good Luck.
- 1 decade ago
In the state I live in, If husband filed for divorce, and put down a different addy then where you live, then all papers would go there. If undeliverable, or returned, then normally they run a notice in the local paper of your last known addy. If you do not appear, he would be granted a divorce.
i would very quietly check the county he lives in, and possible a few surrounding counties, and see if he filed for divorce. If not, then keep searching. Let him get married again, and if he isnt legally divorced from you, he can get into trouble for bigamy, and you (depending on the state you live in) would be entitled to half of everything that is his. Including everything he acquired during his marriage to his second "wife".
Ok, I dont know if it would work just like that, but sure sounds fun to do.
- 1 decade ago
Hi , I am going through this kind of thing right now, sort of.
You can not be divorced without your knowledge! You must be served, and sign, then the papers must be filed to the court, and signed by a judge, no trial is needed, but they still pass on a judges desk, and get signed. Then a copy gets mailed to you, which is the offical divorce paper.
I served my husband, he signed, I turned them back to my lawer, he said in 6 months from signature it is final....then he never turned them into the judge!! I didnt know this, and remarried in another state!
MY QUESTION: IS MY NEW MARRIAGE VOID? I HAVE REFILED MY PAPERS THAT MY STUPID LAWER FAILED TO. IT WASNT MY FAULT, AND I AM DEVISTATED!
LiBby*
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- GypsygrlLv 51 decade ago
contact your Chancery Court office in the county the papers were filed....should be on record there....You would have had to been served with divorce papers if he had filed for one....
Contact an attorney if you have the funds and he will research this for you. Rural Legal Aid is a group of lawyers that also can help if your funds are low.
- barbara mLv 51 decade ago
Go to your county courthouse to the civil department with your drivers license or i.d. and ask them to look up your records. If he got a divorce from you, they'll have a copy. If not, then he's going to pull bigamy.(illegal). He shouldn't be able to divorce you without your signature anyway, unless he had someone play your part.(illegal). Good luck.
Source(s): Been there. - jack wLv 61 decade ago
Go to the Clerk of the Court and request a copy of the divorce. You should have received a copy.
- 1 decade ago
You should talk to him and see if he has the papers. Your local court house should have it on file, but I think it takes two to divorce.
- JBWPLGCSELv 51 decade ago
It's a possiblity, but not likely. You most of the time have to be present. Call your attorney to find out.