My friend has been seperated from her husband for more then 10 years and this past summer he asked her for an anulment. She was in a bad place at the time and was having troubles so she was unable to sign papers agreeing to one. So her husband sued her for a divorce last september. She didn't contest it and never heard anything again about it, from lawyers or her husband. She called him around december and told him to send the papers for the anulment if he still wanted one. He said that they were already divorced. How can that be when she never recived any papers beside the one she got saying he was suing for divorce? Is she really divorced? Is there a way for her to find out?
2007-03-25 15:37:00 · 9 answers · asked by countrygal8302 2 in Family & Relationships ➔ Marriage & Divorce
Because she never responded (answered) the original papers she was served with, her husband was granted a Default Judgement of divorce. She was supposed to have answered (responded) to the papers she recieved by going over them and making any changes SHE wanted and then returned them within the time frame alloted by the court. So yes she really is divorced.
2007-03-25 15:43:27 · answer #1 · answered by Anonymous · 2⤊ 0⤋
You said that, So her husband sued her for a divorce last september. She didn't contest it and never heard anything again about it, from lawyers or her husband. That says it all she signed the papers and did not contest it she never appeared in court and the judge heard the case without her present seeing how she was already aware of the divorce and that means that they are divorced..
2007-03-25 15:46:53 · answer #2 · answered by Mary O 6 · 0⤊ 0⤋
If she goes back and reads the divorce papers he had her served with (which she should have done the moment she got them), there will almost certainly be some sort of Notice with a deadline by which she had to respond. Since she didn't respond, she was in default and it was therefore a simple process for him to get a divorce Judgment. If she contacts the court in which the divorce was filed (it should be indicated at the top of the divorce petition, kind of like a letterhead), she can request a copy of the Judgment, which she really should have for her personal records.
2007-03-25 15:56:06 · answer #3 · answered by CHBN 3 · 0⤊ 0⤋
That's how my divorce with my first wife went. I left the state and did not return her calls. Next thing I know when I saw her a year later she told me our divorce was final a week earlier. To this date I have not seen the first paper. That was almost 20 years ago. I am married again, in the same town and I registered my marriage certificate with the same clerk who would have known if I was still married and NOPE, I was not. So yes, you can be divorced and not even know it. Suited me just fine.
2007-03-25 15:48:11 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Call a lawyer, or the town hall. A divorce would be on file, and yes, there is a lot of paperwork involved. Maybe he's too lazy to do his footwork, or wants to keep her annoyed by not doing it. An annulment is more for the Catholic church, but to do the right thing with the state and for it to be official, there NEEDS to be a paper trail.
2007-03-25 15:42:37 · answer #5 · answered by Lisa 6 · 0⤊ 0⤋
she got papers didn't show up divorce went on with out her......same thing happened to me...didn't got to court called the clerks office i was divorced....yippeeee....... later sued for child support.... soo bottom line you don't have to be there if of course you want spousal support and have of the belongings
2007-03-25 16:36:33 · answer #6 · answered by lynnepeterpan 4 · 0⤊ 0⤋
She can go to the court house and see and yes you can get divorced without the person knowing my aunt divorced my uncle and they lived together
2007-03-25 15:54:02 · answer #7 · answered by Jennifer W 1 · 0⤊ 0⤋
If she didn't respond, it certainly is possible that they are now divorced.
If she was served, check with the court that is listed on the original filing to see what the disposition of the case was.
2007-03-25 15:53:33 · answer #8 · answered by camys_daddy 5 · 0⤊ 0⤋
Ck the local county clerk office where he filed for divorce. Go to their website or go in person.
2007-03-25 15:43:44 · answer #9 · answered by bahjij6 5 · 0⤊ 0⤋