they have been separated for years ... he once gave her some fake papers that was not notarized a few years ago but shw told him they were fake and get it legally done. they even file separated in taxes with dependents.
2007-10-01 04:12:01 · 11 answers · asked by mickey 2 in Family & Relationships ➔ Marriage & Divorce
Perhaps she needs to contact a lawyer to check into this.
If she was never served papers signed by a judge, then chances are they are still married.
2007-10-01 04:16:06 · answer #1 · answered by Frinn 6 · 0⤊ 0⤋
In the US, there is a way to file for divorce without actually notifying the other party, and that is by posting in the newspaper for a specified number of weeks (I forget how many) of your intention to divorce. This is after you or your lawyer have filed papers at the court house. It is called "notification by publication", and is usually used by people who don't know where the other spouse is. Then you send a registered letter of notification to the "last known address". Your friend's husband could have used one of their addresses from years and years ago. Of course, it either is returned or you get no response. Either way, you are good to go. Then you show up at court, show the judge you published and wrote the letter, and the judge grants you a divorce based upon the default of the other spouse. If your friend wants to know if she is divorced, tell her to call the county clerk's office and see if a judgment for divorce has been filed for her husband.
2007-10-01 04:23:13 · answer #2 · answered by claudiacake 7 · 1⤊ 0⤋
The divorce papers will be on file with the county in the state the divorce took place(if they are truly divorced).Have her go to the courthouse and ask for a copy.
2007-10-01 04:16:03 · answer #3 · answered by Teresa 5 · 1⤊ 0⤋
If she's never gotten any papers, I have a feeling there was never a divorce.
I'd advise your friend to see if she can obtain a copy of the divorce decree from the courthouse. By law, they have to keep a copy of them on file. If there aren't any papers, she should file for divorce herself.
2007-10-01 04:39:51 · answer #4 · answered by Anonymous · 0⤊ 0⤋
all she has to do is go to the county courthouse where she lives/picked her marriage certificate they should be able to tell her. or go talk to a lawyer and tell them what is going on. Also the papers would not have been notarized yet with out her signiture and she would have to be in front of the notary of public along with him for it to be valid that guy seems like he cant let go of the past. she needs to go get it taken care of since evidentaly he doesn't know how to/ want to.
2007-10-01 04:18:00 · answer #5 · answered by BWife 2 · 0⤊ 0⤋
She can go to the county clerk and have them research if there are papers proving a legal divorce. If there are not legal papers filed with the county clerk of courts they are still legally married.
2007-10-01 04:15:28 · answer #6 · answered by Cebsme 6 · 2⤊ 0⤋
Well, she has big problems tax-wise and otherwise. She needs to go to the local court house and ask how to find out if she is legally divorced. If she is not, she needs to get a lawyer and get the divorce and get an accountant to straighten out their tax problems, too.
2007-10-01 04:26:03 · answer #7 · answered by Wiser1 6 · 0⤊ 0⤋
They are not divorced if she didn't go to court. If she did but jut didn't get any papers than she should go to the courthouse and find out the date the divorce went through.
2007-10-01 04:57:09 · answer #8 · answered by Anonymous · 0⤊ 0⤋
She does not have to wait for him to do it. Tell her to go to the courthouse in the county they were married and request the papers herself. If she thinks he will ignore them or not sign, you can have an officer hand deliver them in a type of summon that required him by law to review and sign them. Don't wait around on that jerk. If something were to happen to your friend (God forbid) and she doesn't have will, all her bank account and assets would go directly to the husband. Her family would have to fight the husband in court to get any of her assets back.
2007-10-01 04:16:18 · answer #9 · answered by Lunar Sarah 4 · 0⤊ 0⤋
They are not divorced until they have papers.
2007-10-01 04:15:43 · answer #10 · answered by eric l 6 · 0⤊ 0⤋