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?
2006-12-30 16:34:51 · 13 answers · asked by smommeee 3 in Politics & Government ➔ Law & Ethics
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.
2006-12-30 16:49:04 · answer #1 · answered by sglmom 7 · 1⤊ 0⤋
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.
2006-12-30 16:40:04 · answer #2 · answered by rexmcd248 2 · 0⤊ 0⤋
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.
2006-12-30 19:25:23 · answer #3 · answered by joy q 2 · 0⤊ 0⤋
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*
2007-01-01 07:16:14 · answer #4 · answered by LiBby~ S 1 · 0⤊ 0⤋
Did you sign divorce papers if Not then more than likely Not
2006-12-30 16:43:38 · answer #5 · answered by Leveler 6 · 0⤊ 0⤋
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.
2006-12-30 16:39:52 · answer #6 · answered by Gypsygrl 5 · 0⤊ 0⤋
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.
2006-12-30 16:48:11 · answer #7 · answered by barbara m 5 · 0⤊ 0⤋
Go to the Clerk of the Court and request a copy of the divorce. You should have received a copy.
2006-12-30 16:36:53 · answer #8 · answered by jack w 6 · 0⤊ 0⤋
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.
2006-12-30 16:37:10 · answer #9 · answered by bugjrmom 3 · 0⤊ 0⤋
It's a possiblity, but not likely. You most of the time have to be present. Call your attorney to find out.
2006-12-30 16:36:53 · answer #10 · answered by JBWPLGCSE 5 · 0⤊ 0⤋