How can I find out if I am still married or not anymore if I don't have a court date yet but the divorce has been filed 4 months ago? 16 Answers as of April 18, 2013My husband filed for divorce without telling me. I got my divorce papers 4 months ago it was so hard for me. He emailed me 3 months ago telling me he want a divorce soon as possible without explanation. It has been four months and I still don’t have a court date. Am I still married or divorced?
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
You should have responded within 30 days and now your spouse could have obtained the Divorce without your participation. Call the Court Clerk and they will look it up for you or go on the Superior Court? Website where the Divorce was filed.
Answer Applies to: Georgia
Law Office of Madaen | Bahram Madaen
You should go to the same court to find out. It is easy. Also, you need to prepare and file your response to his petition. If you have child or property, then the court has to adjudicate these issues. You should take this matter in your hand or hire somebody to do for you.
Answer Applies to: California
The Law Offices of Seth D. Schraier | Seth D. Schraier
If you were personally served with the divorce papers, then after 41 days if you do not respond or appear in the proceeding, then your husband can then file to get a default divorce granted in the case. If you have the index number from the case when you were served with the papers, then you can look it up on ecourts to see if the case has been disposed. Usually you do not have a court date scheduled if a spouse files for a default divorce which is why you would not have been sent anything from the courts about a court date. However, if your husband did file for a default divorce, it often times takes up to 4 months after he submits the final papers before it will be granted. Therefore, if you were only just served with the papers 4 months ago, more likely than not the divorce has not been granted. You should still look up the case on ecourts, or go to the county clerk of where the case was filed to ensure that the divorce judgment was not granted.
Answer Applies to: New York
Law Offices of Julie A. Ringquist | Julie A. Ringquist
Go to the court and see what has been filed in your case (ask how you can review your case file). Get copies of anything you don't already have. Make sure you have filed your response, otherwise, he can file a Default against you anytime at least 30 days after you are served the divorce papers. In California, there is a mandatory six month waiting period before you are eligible for divorce, but unless one of you move the case forward toward a default, a trial, or a settlement agreement, the case will not be finalized. Seek legal help if you are unsure of your status after you have copies of everything that has been filed to date.
Answer Applies to: California
Petit & Dommershausen SC | Tajara Dommershausen
Unless you had notice of a court date, you are still married. By statute there is a 120 day waiting period before a divorce can be granted but the court won't grant it without an agreement or a contested divorce hearing.
Answer Applies to: Wisconsin