Legal Question in Family Law in California
Am I divorced?
I was married in the state of California.My sons father was on drugs,he left us on our own.We (my son and myself) moved back to New York almost fifteen years ago ,my family lives here.Upon arriving I filed for a divorce and sent the papers to my sons father.Ive heard that he was re married my question is how do I find out if I am divorced? I want to get married 14 years later.I dont have money to throw away on filing again and not get any responce again.What do I do ? Im desperate.I have two new children now.And I love thier father.
3 Answers from Attorneys
Re: Am I divorced?
You probably are not divorced. You just filed a Summons. Your husband was never personally served and he never consented to a divorce [even if he was in agreement with it].
There must be a Judgment of Divorce, signed by a Judge, and filed with the County Clerk.
Please call me at (516) 741-7799 to schedule an appointment if you wish to discuss this further.
Re: Am I divorced?
it appears that you are not divorced
Re: Am I divorced?
I am a little confused by your question. Were the papers filed in New York or California. If the papers were filed in New York, what County? If you give me this information, I will be able to direct you to the proper county clerk to research the issue.
I would also contact your husband. It may be possible that he filed for divorce in California and you were never notified.
Finally, if you are not divorced, you can file for a divorce in New York. Your husband must be contacted. If he does not want to cooperate, he must be personally served with papers. In essence, the entire process must start again.
Mike.
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