What to do if I “divorced” 3 years ago but it was never finalized?

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What to do if I “divorced” 3 years ago but it was never finalized?

Divorce papers were brought to court then recently got dismissed due to “failure to prosecute”. Ex-wife and kids live in another state now for over year. What is needed to get the divorce finalized and cheapest?

Asked on December 11, 2015 under Family Law, Oklahoma

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are not yet divorced.  You need a final order for the divorce to be finalized.  Generally speaking, custody matters follow children... so your paralegal friend is correct that the other state may have jurisdiction over the kiddos... however, you can still file in your home state.  If everything is agreed to, she can agree to to having the divorce finalized where you file.  Your state is still a proper state for the divorce because that it where you have residency there.  She can request a change in the venue based on the residency of the children... but if your wife is in agreement... the divorce can still be finalized there. 
I know your paralegal friend is trying to help you... but consider locating a legal clinic to help you with the paperwork to insure that everything is done correctly.


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