Could I be divorced? 12 Answers as of March 05, 2014

Separated for more than a year, two kids, uncontested, spouse is saying he is "officially divorced". He filed. Is it possible?

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John Russo | John Russo
Anything is possible, if you were defaulted.
Answer Applies to: Rhode Island
Replied: 3/5/2014
Law Offices of Frances Headley | Frances Headley
If you were officially divorced you would have received in the mail a Notice of Entry of Judgment of Dissolution. If you did not, then action is still pending. You can check the status of most cases on line by going to the court's website.
Answer Applies to: California
Replied: 2/27/2014
Law Office of Robert E McCall | Robert McCall
You need to check with the Clerk of Court in your county. Sometimes a party files and lies about Service of Process on the other party. This is fraud, may be criminal. You should investigate as soon as possible as there are time limits for reporting fraud to the Judge.
Answer Applies to: Florida
Replied: 2/27/2014
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
This should be able to be located by the court clerk if you have the approximate dates.
Answer Applies to: Georgia
Replied: 2/27/2014
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
It is possible that he proceeded via default divorce. I would suggest asking him for a case number and then looking it up at the court to confirm that a "Decree of Dissolution" was in fact entered.
Answer Applies to: Arizona
Replied: 2/27/2014
    Diane l. Berger | Diane L. Berger
    It is certainly possible that he filed for divorce and if you did not respond to the original Complaint, he could go into court and obtain what is called a default divorce.
    Answer Applies to: Nebraska
    Replied: 2/27/2014
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    If he filed, he would also have had to serve. If you never received anything and there was no notice by publication (if he couldn't find you) then the divorce can not be final. Check at the county courthouse.
    Answer Applies to: Washington
    Replied: 2/27/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    A divorce is not properly completed into you have a judgment terminating the status of the marriage and returning the parties to single. Please review the documents referenced by your acts with an experienced family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 2/27/2014
    Atticus Family Law
    Atticus Family Law | Matthew Ludt
    Strictly speaking he would have had to have someone personally serve divorce papers on the wife. If that hasn't occurred, no divorce should have been finalized by the judge. That said, stranger things have happened (especially if someone lied regarding the service of the divorce papers). Check with your local court administrator.
    Answer Applies to: Minnesota
    Replied: 2/27/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    I suppose it is technically possible, but not likely. When children are involved there needs to be a custody order as part of the divorce (unless they are both over 18), so there should have been some pleadings talking about that. I think you need to ask him where he filed and check the court records there. My guess is that he filed but did nothing else and thinks he did enough, which he probably didn't. If you really want to be sure, contact a local family law attorney and discuss it with him or her.
    Answer Applies to: Idaho
    Replied: 2/27/2014
    Kirby G. Moss PC | Kirby G. Moss
    Unlikely as you should have been notified of proceedings. Should check courthouse where he lives to see if something filed etc.
    Answer Applies to: Indiana
    Replied: 2/27/2014
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