Can the divorce go through if you have not been served divorce papers? - Divorce Law Questions and Answers- LawQA.com

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Can the divorce go through if you have not been served divorce papers?

They claim they filed it weeks ago. I haven’t heard anything. The marriage took place in other state where I am now residing.


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No, a divorce can not go through without your having been served a summons with the petition. But, absent a fraud by your spouse, etc., service of summons may have been pursued by the use publication notice. You should call the county court where the spouse resides to see if a case has been filed. Or you might google that county to see if court records can be accessed on-line. But the most important question is do you want to remain married? If not, you should be pro-active in also doing what it takes to get divorced and get this behind you. A valid marriage is a marriage until a court grants a divorce. Good luck.

Answer Applies to: Oklahoma
Replied: 4/20/2017


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You have to be served for the divorce to proceed. There has to be proof of service in the court file. Check the court file. You can see the docket on line so you can see if an affidavit of service was filed. It doesn't matter where the marriage took place. It matters whether the state in which the action was filed has jurisdiction over you.

Answer Applies to: Washington
Replied: 4/7/2017


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Yes it can if they falsely claim you were served. Protect yourself and hire an attorney.

Answer Applies to: Maryland
Replied: 4/7/2017

Answer By Diane L. Berger

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Yes it can. Notice of the filing of a divorce can be published in a legal newspaper. You need to protect yourself by doing a bit of investigation to see if the action has indeed been filed where your spouse is currently residing.

Answer Applies to: Nebraska
Replied: 4/7/2017

Answer By Joseph Schramm

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Until you receive a copy of the papers your spouse cannot proceed with a divorce action. You should check your mail to see whether you have received anything in certified letter format or as ordinary mail. In Pennsylvania, if you have refused to accept a copy of the papers mailed to you by certified mail the spouse is permitted to serve you by means of ordinary mail. Similarly, if you are attempting to conceal your presence, the court might permit service through publication in a newspaper of general circulation.

Answer Applies to: Pennsylvania
Replied: 4/7/2017

Answer By Dean T Jennings
DEAN T. JENNINGS, P.C.
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You must be served with Notice. There are various ways to be served: personally have it handed to you or an adult where you live; published in a newspaper which you may or may not see. So you need to check the court file with the clerk of court where the action is on file to see what has been filed about Service of Notice on you.

Answer Applies to: Iowa
Replied: 4/7/2017

Grace Law Offices of John F Geraghty Jr.
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Some type of service is required if your address is known.

Answer Applies to: Georgia
Replied: 4/7/2017


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You must be 'served' with the summons and complaint. But in some cases that can be service such as by publication, or 'substituted service.'

Answer Applies to: Wisconsin
Replied: 4/7/2017

Answer By Robert McCall

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Generally no but there are exceptions. I recommend you contact the Clerk of Court where the case was filed and ask for status.

Answer Applies to: Florida
Replied: 4/7/2017

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