How can my fiance and I find out if his divorce went through and is final? 12 Answers as of July 06, 2012

He filed for a divorce from "her" while he was in jail. He mailed the papers to me and I mailed them to the sheriff's office in her county so they could serve her with them. If she wasn't home, therefore didn't sign- is their marriage still legal? Or did the divorce go through because she did not contesr it?

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Law Office of Jane E. Ginsburg
Law Office of Jane E. Ginsburg | Jane Ginsburg
A Judgment of Dissolution is required to end a marriage. If that's not on file, then the parties are still married.
Answer Applies to: California
Replied: 7/6/2012
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
They aren't divorced, if those are all the facts. Merely filing and serving divorce papers doesn't automatically result in a divorce. There are other documents which need to be exchanged, and still other documents which need to be filed, before the Court will issue a Judgment dissolving the parties' marriage. It sounds like his wife wasn't even served with the divorce case, although the party who is served does not need to sign anything to be served. Your fiance' would best retain an experienced Family Law Attorney to represent him in proceedings to divorce his wife.
Answer Applies to: California
Replied: 7/3/2012
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Your boyfriend isn't divorced unless he obtained a Judgment. The situation you described appears to be regarding service of the Petition for Dissolution of Marriage. If the Sheriff didn't serve her, then you still have to do that.
Answer Applies to: California
Replied: 7/3/2012
Peyton and Associates | Barbara Peyton
If she was never served the divorce did not go through. if you don't have a document entitled 'proof of service of summons and petition" you are still at the starting point.
Answer Applies to: California
Replied: 7/3/2012
The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
More than service is required for a divorce to be final. I suggest you call the courthouse where the papers were filed, give the clerk the case number, and determine the stage of the divorce proceeding. If your fiance wants a divorce, he should be doing this legwork.
Answer Applies to: California
Replied: 7/2/2012
    Law Offices of Frances Headley | Frances Headley
    If you have no proof that she was ever served then it is unlikely that action is now final. You should have a family law attorney review all relevant documents and facts to determine where that action stands.
    Answer Applies to: California
    Replied: 7/1/2012
    Attorney At Law | Harry D. Roth
    If you have the paperwork that he filed, you have a case number.? Use that case number to pull the file from the court clerk's office. Chances are very slim that he did it, but for sure check. If he did not do it, then you need to file your own case (or she does) and process it. She will not be single for AT LEAST six months from the day of service. It may be that the easiest way to get divorced is to use the case he already started, if it is less than 5 years old, and file papers in that case. There are some tricky issues with notice and required paperwork that are different in the two cases and you might be wise to at least sit down with a lawyer after you know the status of the first case before deciding which road to go down.
    Answer Applies to: California
    Replied: 6/30/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    He needs to go to the courthouse where he filed to see if there has been a final order entered granting a divorce.
    Answer Applies to: California
    Replied: 6/30/2012
    Steven Alpers | Steven Alpers
    You must prove she was served to get a divorce. It cannot end the marriage until 6 months and 1 day after she was served.
    Answer Applies to: California
    Replied: 6/30/2012
    Rebecca Rainwater
    Rebecca Rainwater | Rebecca Rainwater
    There is much more to finalizing a divorce then merely serving papers on the other spouse. Your fiancee should contact a family law facilitator in the courthouse where he filed to find out what is necessary to complete the process if he cannot afford to hire a family law attorney.
    Answer Applies to: California
    Replied: 6/30/2012
    Law Offices of Tobie B. Waxman
    Law Offices of Tobie B. Waxman | Tobie B. Waxman
    Filing for divorce does not result in a divorce. There are additional steps that must be taken and additional documents that have to be served. If all he did was file and serve a Petition for Dissolution, then he is not divorced.
    Answer Applies to: California
    Replied: 6/30/2012
    Law Offices of Laurie Peters
    Law Offices of Laurie Peters | Laurie Peters
    You have do more than serve the papers to be divorced. If she was served, and a poof of service was filed with the court, he would then have to serve her with his disclosures and request a default judgment. You need to have a judgment to be divorced, not just serve papers.
    Answer Applies to: California
    Replied: 6/29/2012
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