If my estranged husband claims he filed for a divorce in another state but requires nothing from me, could this be so simple?

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If my estranged husband claims he filed for a divorce in another state but requires nothing from me, could this be so simple?

Is there way I can check on the case without a lawyer or should I seek legal counsel?

Asked on June 18, 2015 under Family Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your estranged husband filed for divorce, you should have been served with a copy of the documents.  If your address was unknown, you could have been served by publication which means notice of the case filing appeared in the legal notices section of a newspaper for a specific period of time (the time period varies from state to state).  Service by publication is valid even if you didn't see the notice in the newspaper.

As for checking on the case, if you know in which court the case was supposedly filed, you could have someone go to that court and look for your husband's name in the court's computer to obtain the case number.  Once the case number is obtained, your representative can ask the court clerk for the file.  The file cannot be removed from the court, but the court clerk can photocopy the file for you.  Your representative can then provide you with a copy of the file.

You don't need an attorney just to check on the status of the case by obtaining a copy of the case file as mentioned above.


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