I have divorce papers that my ex and I signed in 2010 can I still file them? 22 Answers as of April 11, 2013

We’ve been separated since February 15 2002 and I been with my new boyfriend for 8 yrs and we want to get married.

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Victor Varga | Victor Varga
Sure.
Answer Applies to: Maryland
Replied: 4/11/2013
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
Yes, you can file them. But, if your ex did not sign a waiver of service, you will have to have him served through the court.
Answer Applies to: Ohio
Replied: 12/5/2012
Law Offices of Stephanie Lee Ehrbright, Esq.
Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
I would assume the case has since been dismissed so you would need to file again, have him served, give him time to respond, etc.
Answer Applies to: Arizona
Replied: 12/5/2012
LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
See an attorney to make sure you have all the right papers. Forms change all the time and you need to make sure you have the right ones prepared.
Answer Applies to: California
Replied: 12/5/2012
Mary W Craig P.C. | Mary W Craig
Go ahead and file them. You might want to check with the ex to make sure he's still in agreement with the divorce. Good luck in your marriage.
Answer Applies to: Alabama
Replied: 12/4/2012
    Woolley Wilson, LLP
    Woolley Wilson, LLP | William R. Wilson
    You need to file a Petition. Not sure what you have signed but a waiver cannot be signed until after the Petition is filed. File a petition and get a waiver signed.
    Answer Applies to: Texas
    Replied: 12/4/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    I need to see the documents to answer your question.
    Answer Applies to: New Jersey
    Replied: 12/4/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    An experienced family law attorney needs to review your documents to help you assess your best legal options.
    Answer Applies to: California
    Replied: 12/4/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    I would file the divorce action and the agreement, and see if the court will enforce the old agreement.
    Answer Applies to: Georgia
    Replied: 12/4/2012
    Law Offices of Ward F. McDonough, Jr. | Ward F. McDonough, Jr.
    If the papers were not taken to the Court, it is highly likely that the Court or other party had the papers filed and entered under the Seven (7) Day Rule. Check with the Court Clerk where you live and see if Judgment is entered
    Answer Applies to: Michigan
    Replied: 12/4/2012
    Peyton and Associates | Barbara Peyton
    I can't answer about the papers that were signed in 2010 but I am certain that you have to get a divorce before you get remarried. I suggest you take the paperwork to the court house and talk to the family law assistance desk or to a paralegal to see if your 2010 paper work will suffice.
    Answer Applies to: California
    Replied: 12/4/2012
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    I do not know what you mean by "divorce papers." If you have a marital settlement agreement, you can file it so long as your prior case is still active. If you mean an original first paper filing, I suggest you update it. The minimum amount of time for a divorce in California is six months. You can receive detailed information on the process at www.courts.ca.gov
    Answer Applies to: California
    Replied: 12/4/2012
    Law Office of Barton R. Resnicoff | Barton R. Resnicoff
    The agreement can be the basis of a divorce at this time.
    Answer Applies to: New York
    Replied: 12/4/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    You may want to update the complaint for divorce before you file. If there is a property settlement contained in the 2010 papers, that is most likely still valid unless there has been a real change in circumstances.
    Answer Applies to: Michigan
    Replied: 12/4/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Without knowing what "papers" you are talking about it isn't possible to provide an intelligent answer, but the answer is probably "no, you need to start over".
    Answer Applies to: Colorado
    Replied: 12/4/2012
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    The court may have dismissed the case because no one presented orders to be signed. You should check to see if the case is still active or has been dismissed. If the case is still active and you have agreed orders, the orders can probably be entered. If the case has been dismissed, you will need to start over. I suggest you hire a lawyer to look at the facts of your case.
    Answer Applies to: Texas
    Replied: 12/4/2012
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    You can file anytime. You will still have to go to court and have the Judge sign the final Judgement. The length of time since your husband signed the papers may influence this. Consult with an attorney to make sure this process is done correctly.
    Answer Applies to: Michigan
    Replied: 12/4/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    That depends on what was signed in 2010. Chances are the court will question such a belated filing and schedule a hearing even if the matters appear uncontested.
    Answer Applies to: Minnesota
    Replied: 12/4/2012
    Patrick McCarthy
    Patrick McCarthy | Patrick McCarthy
    Under the law in Michigan (and probably for all States) one must be sure to have a Judgment of Divorce and/or Annulment entered before proceeding with a new marriage. As far as the utilizing the 2010 papers, what are they? Also, why not update them (if appropriate)?
    Answer Applies to: Michigan
    Replied: 12/4/2012
    Attorney at Law | Michael P. Vollandt
    In California the answer is yes. Just make sure you get him served before three years elapse from the date of the filing of the dissolution or the Court could dismiss it on its own motion.
    Answer Applies to: California
    Replied: 12/4/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Sure.
    Answer Applies to: Washington
    Replied: 4/11/2013
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    The judge will probably ask why haven't you used the papers that was signed two years ago. It is better if we start from scratch. If you would like to discuss your options and you live in IL, feel free to contact our office for a free 30 minute consultation.
    Answer Applies to: Illinois
    Replied: 12/4/2012
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