How do i know if i am legally divorced? - Child Custody Law Questions and Answers- LawQA.com

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How do i know if i am legally divorced?

I have been estranged from my husband for years and was wondering if there is a way he could have gotten a divorce without my consent? newspaper ads? or anything

Answer By Lance Salladay

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In order to be "legally divorce" you will have to have a Court Decree or Judgment granting the divorce. Without a Court Decree or Judgment of Divorce you are not and cannot be divorced legally.

Answer Applies to: Idaho
Replied: 6/14/2012

Answer By John Russo

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Yes, Check with the family court in your jurisdiction. Check from the time you separated until now under both your names to see if an action was started and granted. Your husband could have begun a divorce action and completed it as long as he followed the notice requirements in your jurisdiction. This means if he ran newspaper adds in accordance with the state statute stating that he had started a divorce action, and listing the court date and/or dates and you failed to appear then you could have been defaulted, and he would have been granted his petition. Also, he could have had service perfected by claiming he was trying to have you served at your last known address which you no longer lived at by having a sheriff draft an affidavit claiming that he attempted to serve you at that address a number of times and he believes you are avoiding service, then your husband could ask for tack on service which is what it says, they nail it to the door and you are served even if you don't live there anymore as long as your husband claims that is the last known address he had. Those are a couple of ways and there are more, so check if you want to know.

Answer Applies to: Rhode Island
Replied: 6/9/2012

Answer By Mike Yeksavich

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You should have been provided notice of any divorce case. However, you need to check the court records to determine if a divorce case has been filed. The issue is what court records to check if he has moved around. You may have to hire a private detective to find out the truth.

Answer Applies to: Oklahoma
Replied: 6/7/2012


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Unless, your spouse was able to convince the Court that you could not be personally served and that service by publication was proper, you are probably not divorced.

Answer Applies to: Michigan
Replied: 6/7/2012

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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Yes, it is common to get a divorce after service by publication when one spouse is missing. There are only two ways to find out if this happened. Ask the other spouse or check at the courthouse. The second option looks easy, and if the spouse never moved, it is, but if they moved several times, you have to check each courthouse where they have lived. It can be time consuming. The more direct answer is that there is no such thing as a central repository of divorce records, you have to look in each county that may have jurisdiction.

Answer Applies to: Texas
Replied: 6/7/2012

The Law Offices of Robert W. Bellamy
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You should check with court.

Answer Applies to: Alabama
Replied: 6/7/2012

Answer By Galen M. Hair
Varadi, Hair & Checki, LLC
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The short answer is "yes" there is a way that he could have gotten a divorce. The first thing you should do is check with the district court where you both reside.

Answer Applies to: Louisiana
Replied: 6/7/2012

Warner Center Law Offices of Donald F. Conviser
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If you have received nothing from your husband, your husband's attorney, or the Court, you are likely still married to him. You don't get divorced by way of newspaper ads, but if you moved and he couldn't locate you, he or his attorney could have hired an investigator to try to locate you, and if unsuccessful, they could have qualified for an Order of the Court permitting him to serve you by Publication in a newspaper. You should contact friends and relatives of your husband to try to locate him to determine whether or not he divorced you through Service by Publication, and if so, to request copies of the Divorce Judgment. If he didn't divorce you (which is most likely), you should retain an experienced Family Law Attorney to divorce your husband.

Answer Applies to: California
Replied: 6/6/2012

Answer By H. Scott Basham

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At some point a court has to grant a decree of divorce for there to be one.

Answer Applies to: Georgia
Replied: 6/6/2012

Answer By Alvin Lundgren

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It is possible that he got a divorce without you knowing, if there was no way for him to contact you. You can also file for divorce even if you do not know where he is.

Answer Applies to: Utah
Replied: 6/6/2012

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