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If you have never been served with divorce papers, you're still married. Even if you've verbally agreed to a divorce, without the filing of a divorce "order", "decree" or whatever your particular state calls it, the marriage is still in effect under the law. idolaw826

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โˆ™ 2005-09-20 22:18:30
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Q: What happens if you were never served with the divorce papers?
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Related questions

What happens if divorce papers were never signed?

then your still married

Your wife says she filed for a divorce but you were never served any papers you want the divorce so what do you do to continue the process?

You should most likely try to find out if the papers were drawn up. If not, you can begin the divorce process yourself.

What happens if you get served papers from a collection agency and you never received them?

Well then technically you were not severed if you never received them ...

How do you serve divorce petition papers?

um. I never been Divorce before. but Have you try go to Divorce lawyer ask them a question. that might helpful. Divorce Lawyer can help with you how to Divorce Petition papers. Good luck. Here this. I found off from website. How do I serve the divorce papers? If a lawyer is handling your divorce, he or she will have the divorce papers served on your spouse. If you are using "do-it-yourself" forms, the instructions will tell you what you need to do. Your spouse can agree to sign papers that say he or she has been served. Otherwise, your spouse must be served by either the sheriff or another adult (not you or your children). If you are getting welfare or certain other public benefits, the Support Enforcement Division (SED) will also have to be served with the divorce petition. If you do not have a lawyer, or if the divorce forms you are using do not have instructions about this, you can call SED to find out how to serve them with the papers. What if I am served with divorce papers? If you agree with all the terms of the divorce as listed in the petition, you do not need to respond. If you want to challenge the terms listed in the petition, you must file a written answer (called a "response") with the court within 30 days after you were handed the papers. Contact a lawyer or your local legal services office to learn about what you can do. There is a court fee to file a response in a divorce case.

What is served but never eaten?

Legal documents, subpoenas, divorce papers, arrest warrants, e my rubbish cooking

How do you find out if you have been divorced if you have never been served divorce papers?

the courthouse in the state and county you were married in would have a record of that info, they are public records

Are you legally divorced if you were never served and your spouse knew about this?

You have to sign the papers == The divorce is not final until it is rendered official (Final Decree) in a court of law.

What happens next if you were never served with child custody modification papers?

If the court determines that you were served, it will likely enter a default order - you will not like the terms of that order.

You filed for a divorce you 1992 your husband never signed papers you didn't file Declaration for Default so after 15 years is the divorce automatically finalized by the court?

I live in Pennsylvania my husband filed and served me with divorce papers over two years ago now today I found out from City Hall that he had put an hold on divorce. And that he would have to withdraw papers or continue for our divorce to proceed. I want a divorce now. I I apply for a divorce in another State or Mexico, And will it be valid. we have joint custody over 2 teens. I just want out! Please help!

Can you get in trouble for not showing in court if you never got served papers?


Is it a divorce if papers never signed?

nope not technically. your married until the paper is signed Not strictly true. your ex just needs to be served. Then they can be summoned to appear in a divorce court to contest the divorce and let the judge decide the outcome. If the ex chose not to appear, the judge can decide on an uncontested case.

What happens when you are never served papers?

Just because you have not been served there may still be a case pending against you. Sometimes law offices and process servers get backed up. Some states also allow an article to be run in local papers notifying you if you cannot be found.

Divorce papers were previously filed and never finalized How do you get the divorce finalized?

If it was over 6 months you will have to file the paper work again

What do you say if wife says she has never loved you only liked?

Here are the divorce papers!?

If your spouse never lived in the state where you reside in can you file a divorce by publication?

If the person's whereabouts are known, he or she must be served the dissolution papers. If said person does not comply with an answer within the set time the filing party can request a divorce under the default laws of the state of residence.

Your wife filed for divorce but never served you is that legal?

If a spouse want to divorce, but can't find their spouse to serve papers there are proceedures by which a divorce may still proceed; such as by public announcement (ie an ad in the newspaper) You should speak to a lawyer or Legal Aid for the specific legal details for the country you are in.

How Can you get a divorce in the state of Kentucky if your husband lives out of state and refuses to sign divorce papers and says he will never sign the papers?

Answer What I know about divorce papers is that they require two signatures, one from you the other from your husband, and if he doesn't sign the divorce papers, it doesn't matter he is no longer in the State where you live, if he doesn't sign the papers you can't get your divorce. There is also common law marriages where two people can live together for as long as they want and divorced or not, you can still live with another man. There's no law against it.

What are a client's rights when their attorney gets their divorce without their knowledge?

How would it happen that you would have no knowledge of this impending divorce? You have to be served with papers, for starters. That should be a clue. Every effort has to be made to notify you of the divorce action before it can be continued without you. Once you have been served, you have knowledge. If you ignored this, never answered the requests for court appearance, etc., in some states it means the divorce is granted to the petitioner by default. Unless you are in "hiding" so that no one can contact you (and you'll eventually need to explain that one), it is pretty hard for a divorce to go through with no input from you.

If you never lived together the whole time you are married how do you go about a divorce?

If it was an offical marriage then you have to file for divorce papers and a court date will be set.If you never offical got married then just break-up.

Can child support be order when custody was never established in the divorce decree?

Yes it can. Custodial orders as well as child support orders can be established after a divorce and does not have to be included in divorce papers, although it is more common to do so.

If you were never served with the divorce papers but the court granted your spouse a divorce by default are you legally divorced?

There is a process that has to be followed in court cases like this. If someone cannot be served papers, there is "public notification" that can be published in the local newspapers and the court will mail a notice to the last known address. If there is no response at the scheduled hearing, the court can allow the case to proceed. The first order of the case is too see if the proper procedure was followed. If it was then the court can rule that a default exists and the divorce is granted. One of the parties has to be present and a judgment will be entered into the court records. If the court granted a divorce then the answer is yes. You are legally divorced. You can contact the court and request a copy of the decree.

Can a person be divorced without receiving divorce papers?

Technically yes. By this I mean that if there is a situation in which one spouse cannot be found (and the other spouse attempted to locate the spouse) then the court will proceed with the divorce without that spouse and enter a default divorce. However, if you were never served the paper work to put you on alert that you were getting a divorce then you do have the option, within a certain amount of time, to contest the entry of the default divorce. Although you cannot necessarily reverse a divorce you are given an opportunity to argue your side.

If you moved and never were served with eviction papers?

i live in dallas tx i moved out of a apartment with abroken lease and now i being told there is an eviction on my rental credit history and i was never served because i had already left what can i do

my landlord is trying to evict me because i didnt show up to court but i was never served paper what do i do?

You can go to the court and ask for a hearing on the matter and tell them you weren't served papers.

Is there a statute of limitation on divorce my husband has remarried and i never rec'd divorce papers or divorce petition?

If you cannot be found or if you refuse to respond to a petition for divorce, that cannot prevent your spouse from obtaining a divorce. The important signature on a divorce decree is that of the judge. You should contact the court where the divorce was obtained and order a copy of the divorce decree. If you go in person, you can request to see the file and review the contents.

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