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My best friend was married 10 years ago and she doesn't know if her divorce was ever finalized.. she never signed anything to that effect. Her ex told her he took care of everything but now she is not sure. It was not a good separation. She has now been re-married for a year and the topic of bigamy came up and scared her a bit.
What is her best way to find out if in fact the divorce was ever done? What was it that he could have done to not need her signature?
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Originally Posted by ddknight
If he got a default divorce she would not have needed to sign anything - she should go to the Courthouse in her area (some records are also available on line, depending on the State) and check her name and her "ex's" name against the records.
She obviously needs to get this straightened out.
(Was she served with any papers for the divorce, a summons, a complaint - ?)
She was never served anything. What is a default divorce? Is it legal? How can she find out and what would her ex have done?
Quote:
Originally Posted by ddknight
Default divorce is basically an uncontested divorce - husband sues wife, serves wife papers, wife does not respond, divorce goes through uncontested.
Yes, default divorce is legal. Happens all the time. Often both parties have Attorneys, come to an agreement, one Attorney withdraws, divorce is uncontested.
I see several possibilities - husband never got a divorce and simply walked away; husband SAID he had papers served on her (which, by the way, he could not legally serve on her) and got the divorce without notifying her; husband served papers, she didn't know what they were and never addressed them.
She has to go to the Courthouse and "run" her name - and his - to determine if they are divorced. I realize she's concerned about bigamy. Her "first" husband could also show up at any time, file for a REAL divorce and claim a portion of anything she owns because if they were never divorced it was acquired during their marriage, including anything she owns jointly with husband number two.
She's got to get this straightened out.
If she's been filing joint income tax returns, she's in trouble - and so forth.
When she filed her marriage license for marriage number two what did she put down as the date of her divorce from husband number one?
She put down the approx. date her ex told her the divorce was done. What should she do at this point? I understand this is considered a felony. This has been so long ago and their marriage only lasted a few months!
Quote:
Originally Posted by ddknight
She has first got to find out if she's divorced or not - then, if not, she has to consult with an Attorney to straighten out this mess. This is nothing to fool around with.
Hmm - when I remarried they wanted the specific date of my divorce and I actually had to go home and get my divorce papers. I guess they verify the dates on line (just a guess) and for whatever reason couldn't find mine.
Is it possible the "ex" got an annulment? She still should have been served, of course.
Ok, she has to go to the court house where the divorce was suppose to take place and have them search the records. Some states have it online but a call to the court clerk will give you a lot of info on where to look.
If she was still married, then her current marriage is not valid, and she will have to get the divorce and then remarry.
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