Saturday, April 23, 2011

HOW CAN I FIND OUT WHETHER OR NOT I'M DIVORCED?

I often receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Can I get proof of divorce after my husband abandoned me over 20 years ago? 23 years ago, my husband left me after 3 years of marriage. I ran into him a few years ago, and he told me he had filed for divorce. He told me he was remarried as well. I want to marry my boyfriend and have put it off for a few years because I do not know if I am officially divorced.

ANSWER: You should have been served in your husband's divorce case, either by personal service, substitute service (after three unsuccessful efforts trying to serve you, handing a copy of the papers to somebody else at your home or workplace and mailing a copy of the papers to you), or service via publication in a newspaper of general circulation, after applying for and receiving an Order to permit service via publication. If you were served via publication, you would likely not have received actual notice of the divorce.

I hope that you got your husband's (or possibly ex-husband's) telephone number or e-mail address when he and you recently crossed paths. If you did, you should contact him and ask him where (in what state, county and court) he filed the divorce case, what its case number is, and you should ask him for a copy of the Judgment dissolving your marriage.

If you didn't get your husband's (or ex-husband's) contact information, you should do an internet search for him, and if you locate him, ask him the above questions.

If you aren't able to locate him via an internet search, hire a private investigator to try to locate him to ask him those questions, and if the investigator can't locate him, you could hire an investigator to search the divorce records in the state(s) and county (or counties) where you think the divorce took place, to try to obtain information or records of the divorce.

It would be difficult to find out whether or not you are divorced any other way.

If you can't determine whether or not you are divorced, and if you and your investigator can't locate your husband (to find out the answer and/or to get your husband served via personal service), you may need to file a divorce case and get him served via Publication.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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