Legal Question in Family Law in Rhode Island

my exhusband kept the info about we have been divorce since 2008 from me. i what to know if i can sue him. during that time till now he had me still thinking we are married so i was working on the marriage


Asked on 10/16/09, 3:52 pm

1 Answer from Attorneys

Christopher Pearsall Law Office of Christopher A. Pearsall, Esquire

In order to obtain the divorce, your ex-husband had to have you served with the divorce papers in a way that you should reasonably have notice of the divorce proceeding. If you knew about the divorce filing, it was up to you to make sure you kept up to date on what might be happening in the case.

Unfortunately there is no theory of law that I am aware of that allows you to sue your ex-husband. If your husband wanted the divorce then you might have prolonged the proceeding but you would not have stopped it, so essentially you would have no damages to sue to recover.

If you weren't aware of the divorce itself and you have a reason why you would want to be married as of today, you might want to find out how you were served and if it was lawfully correct. It's possible, though rare that you could successfully challenge the divorce based upon lack of due process.

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Answered on 10/21/09, 6:10 pm


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