If my wife lives out of state, could I be legally divorced without my having signing anything or even been notified?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my wife lives out of state, could I be legally divorced without my having signing anything or even been notified?

She told my son that we got divorced and she just got remarried.

Asked on January 1, 2012 under Family Law, New York

Answers:

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

Answered 9 years ago | Contributor

Not unless she did some quick - and possibly unscrupulous - maneuvering with the courts!  You have to be notified unless she told the court that she did not know your whereabouts or because you lived out of state had you served by what is known as substituted service (publication being one method).  So if I were you I would go and check the court records.  In New York you can check the filing on line.  Her state of residence may also have that capability.  And you need to figure it out quickly if there are children involved or property that should be distributed.  If she was granted a divorce it was done with you in "default" which is not good.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption