Divorce Documents

What happens if you were never served with the divorce papers?

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2005-09-20 22:18:30
2005-09-20 22:18:30

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

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

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

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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.

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

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

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

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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!

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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.

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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.

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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.

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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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

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

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Simply file for divorce in the city of your habitual residence. Where you have lived the longest together is what matters most in determining jurisdiction. ...or just have them deported! Ending a marriage is never an easy task. The overall procedures associated with a divorce case in Pakistan are the same whether a spouse is Pakistani or a foreign national. However, when divorcing a resident alien, the process of obtaining service of divorce papers and related matters potentially become more challenging. In some divorce cases, a foreign national named as a respondent attempts to leave the country to avoid the jurisdiction of the divorce course. Therefore, your interests are best served by being quiet about your intent to file and seek a divorce until your spouse is served with the divorce papers. If the marriage is registered in Pakistan any of the spouces can start the divorce proceedings in Pakistan even if the other partner/foreign national leaves the country.

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If you didn't show up for court, then it does not go your way. It is your responsibility to provide a correct address.


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