Am I still married if my wife never signed divorce papers? 56 Answers as of June 28, 2013

Filed for divorce from my wife in 2004. She never signed the papers, but married another man a few years later.

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
The operative question is DID THE JUDGE SIGN THE DECREE? If so, the fact she never signed is not relevant.
Answer Applies to: Texas
Replied: 8/29/2012
Blough Law Office | Janis L. Blough
You should hire an experienced attorney to help sort out your situation. What matters is whether a judgment of divorce was entered by a court of proper jurisdiction. More information is necessary to answer that question, and speculation is dangerous. You know what you do when you assume, don't you? Good luck!
Answer Applies to: Michigan
Replied: 8/24/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
If a final Judgment of Divorce was entered by the court, you are divorced. If this did not happen, you could still be married.
Answer Applies to: Michigan
Replied: 8/24/2012
Law Office of Melvin Franke | Melvin Franke
Probably not, would have to see the Court judgment.
Answer Applies to: Missouri
Replied: 8/24/2012
ADELMAN & SEIDE, LLP
ADELMAN & SEIDE, LLP | GEORGE N. SEIDE
IF NO JUDGMENT OF DISSOLUTION WAS ENTERED, YOU ARE STILL MARRIED AND HER NEW MARRIAGE IS VOID.
Answer Applies to: California
Replied: 8/22/2012
    Kingloff & Travis | William K Travis
    Was she served with the papers lawfully? Did you follow up and obtain a divorce from her? If there was never a divorce she was not entitled to remarry. Check to see what happened with the case you filed and if it has been dismissed then you should refile and get divorced.
    Answer Applies to: Georgia
    Replied: 8/22/2012
    Attorney At Law | Harry D. Roth
    Her signature is not necessary. You need to look at the court file to determine if there is a judgment of dissolution. If there is not, then you are still married and she is a bigamist.
    Answer Applies to: California
    Replied: 8/22/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If there was a judgment of divorce signed by the JUDGE you are divorced.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You need to see if a judgment of divorce was entered in the court where the papers were filed .
    Answer Applies to: Michigan
    Replied: 8/22/2012
    LEATHERS LAW FIRM
    LEATHERS LAW FIRM | A. Wade Leathers, Sr.
    Yes. If there is no decree of divorce signed by the Court, you are still married. Check the court records.
    Answer Applies to: Alabama
    Replied: 8/22/2012
    Law Office of Lenore Tsakanikas, PLLC
    Law Office of Lenore Tsakanikas, PLLC | Lenore Tsakanikas
    It depends on whether a Decree was ever entered in your case. In Arizona you can go on line and check the status of your case. Good luck.
    Answer Applies to: Arizona
    Replied: 8/22/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    a divorce is not final unless it signed by the judge and filed with the court.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Unless you had a final divorce hearing where a court issued a judgment of divorce you are still married. If it was in 2004, it should be online.
    Answer Applies to: Wisconsin
    Replied: 8/22/2012
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    It does not matter if she signed them or not.. did a judge enter a decree of divorce or dismiss the case when she would not sign?If a judgment of divorce was entered .. you are divorced regardless of whether she signedCheck with the court where you filed.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Law Office of William L Spern | William Spern
    A person does not have to sign papers for a divorce to be valid. If a person fails to appear or defend the divorce action, a default can be entered divorce you from your ex-wife. If you are not divorced, than your wife is in violation of the law.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    T.K. Byrne | Timothy K. Byrne
    Unless there is a divorce judgment, you are married
    Answer Applies to: Mississippi
    Replied: 8/22/2012
    The Jordan Law Firm
    The Jordan Law Firm | John Paul Jordan
    If a judge didn't sign an Order for divorce, then it is possible you're still married.
    Answer Applies to: Oklahoma
    Replied: 8/22/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Unless your divorce case went to Judgment that was filed and entered with the Court, you are still married, and your "wife's" remarriage is void. You should check the Court records regarding your divorce to determine whether or not it went to Judgment, and if not, if the case was dismissed. If it wasn't dismissed, you should try to settle the case with your wife and file a Stipulated Judgment, or if she refuses, set the case for trial. If it was dismissed, you have to start a divorce case over from scratch. You would best retain an experienced Family Law Attorney to represent you.
    Answer Applies to: California
    Replied: 8/22/2012
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    If you didn't obtain a judgment of dissolution from the court, either by agreement of the parties, or by a judge's order at a trial, then you are still legally married. I'd suggest you hire a local family law lawyer to help you take the appropriate steps to finish your divorce.
    Answer Applies to: California
    Replied: 8/21/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Ask the clerk if a final judgment was ever entered.
    Answer Applies to: Florida
    Replied: 8/21/2012
    Ezim Law Firm | Dean Esposito
    It is not necessary in Louisiana for both parties to sign paperwork to obtain a judgment of divorce. You can check with your attorney or review the suit record at the courthouse to determine if a Judgment of divorce was granted.
    Answer Applies to: Louisiana
    Replied: 8/21/2012
    SHAPIRO LAW GROUP | ERIC L. SHAPIRO
    If a judge has not signed a final judgment and decree of divorce, which would be unlikely if she did not sign, then you are still married. I can think of a few scenarios that might have lead to a divorce being final, but would need more info.
    Answer Applies to: Georgia
    Replied: 8/21/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    What did court say? Divorce is by court order not whether she signed anything. If no court issued an order her marriage is null and she is a bigamist.
    Answer Applies to: Alabama
    Replied: 8/21/2012
    Robert J. Merlin, P.A.
    Robert J. Merlin, P.A. | Robert J. Merlin
    Your wife did not have to sign any papers. You need to find out if a final judgment dissolving your marriage was entered in the court where you filed for divorce.
    Answer Applies to: Florida
    Replied: 8/21/2012
    The Gardner Law Firm, PLC | Brandon Gardner
    The issue is whether a judgment of divorce was ever entered. If not, then you are still technically married.
    Answer Applies to: Michigan
    Replied: 8/21/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If the divorce was not finalized you are still married.
    Answer Applies to: Georgia
    Replied: 8/21/2012
    The Law Office of Nathaniel M. Smith, LLC
    The Law Office of Nathaniel M. Smith, LLC | Nathaniel M. Smith
    A divorce decree needs to be signed by a judge to effectuate a divorce, which can happen with or without the parties' signatures on settlement paperwork.
    Answer Applies to: Georgia
    Replied: 8/21/2012
    Peyton and Associates | Barbara Peyton
    If you don't have a judgment and a notice of entry of judgment of your divorce you are still married. Talk to a paralegal about how to proceed if your wife won't sign document.
    Answer Applies to: California
    Replied: 8/21/2012
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    When you say you filed for divorce, that means a court action. If the court ruled on your issues, and you submitted a decree of divorce stating what the court ruled, you should have received a court filed decree, whether your wife signed or not. If you mean you were trying to do a dissolution by having her sign a separation agreement, if she didn't sign, you could not have obtained a final decree from the court. The bottom line is, if you don't have a court entered decree of divorce, you are still married, and your wife has committed bigamy by marrying someone else.
    Answer Applies to: Ohio
    Replied: 8/21/2012
    Law Offices of Karen Davidson | Karen Davidson
    You are divorced when a Final Decree is entered. It makes no difference if your wife remarried as she may not have been divorced! If the divorce was never finalized, it would make her second marriage void. Contact the court where the divorce was filed.
    Answer Applies to: Rhode Island
    Replied: 8/21/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    The divorce is final when the judge signs the papers, regardless of whether your wife signed them. I recommend you speak with an attorney who can help you determine whether you are divorce and if not, what you need to do to take care of it.
    Answer Applies to: Arizona
    Replied: 8/21/2012
    Cutler and Associates, p.c.
    Cutler and Associates, p.c. | Michael H. Cutler
    You're divorced when the judge signs the paperwork and it's entered by the court clerk (regardless of her signature).
    Answer Applies to: Michigan
    Replied: 8/21/2012
    Mary W Craig P.C. | Mary W Craig
    If your wife never signed the divorce papers, and a divorce decree was never entered in your case, then you are still married, and she is not married to the new husband. Call the clerk in the county where you filed for divorce and ask them to look and see if a decree was entered. If it was not, then you will need to complete your divorce. And if you are still married, then your wife is a bigamist.
    Answer Applies to: Alabama
    Replied: 8/21/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    The question is not whether your wife signed the papers, but whether the judge signed the papers. Did the court issue a judgment of divorce? You may want to consult with a family law attorney to determine whether the judge did.
    Answer Applies to: Ohio
    Replied: 8/21/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If a divorce order was never issued, you were never divorced. A divorce decree would require a signed agreement by the parties, a trial or a default.
    Answer Applies to: Minnesota
    Replied: 8/21/2012
    Law Office
    Law Office | Timothy J. Lopez
    It largely depends not so much on what your wife did or did not sign, but if and when a dissolution order was entered by a judge.
    Answer Applies to: California
    Replied: 8/21/2012
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Go to the Court records and look it up. If your marriage is final, it will be in the Court's file.
    Answer Applies to: Florida
    Replied: 8/21/2012
    Steven Alpers | Steven Alpers
    Unless the court ordered a divorce after a default judgment you are still married.
    Answer Applies to: California
    Replied: 8/21/2012
    John Russo | John Russo
    I don't know what State you are in, but I am not sure of what you mean as to signing divorce papers. Here in RI and many other jurisdiction no one has to sign divorce papers except the court, the only document that needs to be signed by the parties is the PSA, and not all parties to a divorce enter into a property settlement agreement. Sounds like to me you filed she never accepted or signed therefore no proof of service, and in that case unless she was defaulted and your claim was granted you both are still married. If she was defaulted and you were granted a divorce you must have gone to court to put it through, if that is the case check with the clerks office to see if the final entered if not you need to file a motion to enter out of time, again that is only if the divorce was put through. You just don't file for divorce and then it is magically given there are procedures to follow.
    Answer Applies to: Rhode Island
    Replied: 8/21/2012
    Mike Yeksavich | Mike Yeksavich
    If a Court never entered a Decree of Divorce then you are still married.
    Answer Applies to: Oklahoma
    Replied: 8/21/2012
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    The key is whether or not a Judicial Officer signed your divorce papers and granted the dissolution of your marriage. If a Judgment dissolving the marriage was never granted by the Court in your case, you indeed are still married, and your wife may have committed bigamy. You should check the case with the Court. If Judgment was never granted, you will likely have to refile and start a new divorce case, because it has been more than five years since you first filed.
    Answer Applies to: California
    Replied: 8/21/2012
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    Check the records of the Court where you resided when you filed the papers. The judgment should be on record.
    Answer Applies to: Georgia
    Replied: 8/21/2012
    R & S Law Group, LLP
    R & S Law Group, LLP | Melissa Roudabush
    It sounds like you may still be married. Her second marriage may be invalid. Depending on the county you filed in you may be able to search online to determine your marital status. Otherwise you can go down to the courthouse where you filed and ask the filing clerk.
    Answer Applies to: California
    Replied: 8/21/2012
    Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
    If she never signed the papers, and if there was never a trial granting the divorce, or a hearing in which the divorce was still granted, she is still married to you and not to her husband. That marriage will only spring into life, automatically, following your divorce.
    Answer Applies to: Texas
    Replied: 8/21/2012
    Chaudhary Law Office, PLLC
    Chaudhary Law Office, PLLC | Satveer S. Chaudhary
    A divorce can be ordered, either by default or after a trial, without one party signing a Marital Terminal Agreement (divorce papers). What matters is whether there was an actual Order. If you have received the actual Judgment and Decree, then you are divorced. Call the county court administrator where your divorce was filed and they can tell you. Good luck.
    Answer Applies to: Minnesota
    Replied: 8/21/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Did you get a judgment of divorce?
    Answer Applies to: New York
    Replied: 6/28/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    You are married until the Decree of Divorce is filed and you have a file stamped copy in your hands.
    Answer Applies to: Nevada
    Replied: 8/21/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    It depends. She doesn't need to sign for you to be divorced. Did the court sign, that's what's important.
    Answer Applies to: Washington
    Replied: 8/21/2012
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