If I wasn’t served divorce papers and didn’t sign them am I legally divorced

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If I wasn’t served divorce papers and didn’t sign them am I legally divorced

I didn’t sign the paperwork I think
someone signed my name I didn’t know
until they said we were divorced

Asked on October 14, 2017 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you were not served and some one signed your name then the Court never had what is called "jurisdiction" over you to issue the divorce.  They did so under false information.  So you have to make a motion to set the judgement aside.  On paper it looks like you are divorced but in reality likely not so.  Good luck.


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