If my friend married if his divorce did not get served correctly? 3 Answers as of April 04, 2011

About 25 or 30 years ago my friend filed and did all his paperwork to divorce and thought it was a done deal with a number and everything. He found out this week it was never served correctly. In the same county he got married and has been for over 15 years and even saying he'd been divorced. His ex is refiling. Are he and his current wife married? They also have their marriage license.

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Your friend should get a copy of the entire divorce file from the Court, to see if there was or was not a judgment entered. Your question did not reveal the source of your information claiming that his divorce was not served correctly, or specifically how the service had been incorrect.Service could have been done by authorized means other than personally delivering documents to the other party. If there was a divorce judgment entered, and if that judgment hasn't be set aside, it is a valid divorce and your friend's subsequent marriage would be valid. On the other hand, if the record reveals that there never was a divorce judgment, your friend's re-marriage is not legal, and he and his "ex-wife" will need to be divorced before your friend is free to marry another, including the person to whom he thought he properly married.
Answer Applies to: California
Replied: 4/4/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
If he did not complete his divorce, the new marriage is void/defective and he is not legally married. He needs to get his divorce completed and then get married again. There are varying and complex consequences in this scenario. You will need to consult an attorney in much more depth than allowed in this online forum to get good advice and a game plan.
Answer Applies to: California
Replied: 4/4/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
If the initial Petition was not served property, then the court lacks jurisdiction to grant a divorce. This means that the County does not have authority to let him remarry. If your friend is looking for assistance on this matter, please have him contact me for a free consultation.
Answer Applies to: California
Replied: 4/4/2011
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