Legal Question in Family Law in California
Can I be unknowingly divorced?
Could my ex have divorced me without my knowing about it? If so, we have two children together who would have been in my physical custody during this divorce. Would that mean I have sole custody? Also, if this divorce turns out to be untrue, and my ex re-married in the state of Tennessee, would that marriage be void and could he be brought up on charges of bigamy?
1 Answer from Attorneys
Re: Can I be unknowingly divorced?
He could have divorced you if he published the summons in stead of personal service. Publication of the summons is only proper if you do not know where the other party can be served. He could have lied and got an order for publication. You should proceed with a dissolution or legal separtion and get an order for custody and child support to protect yourself and the children. If he remarries without a final dissolution that is bigamy, however, it is not prosecuted very often. Good Luck, Pat McCrary
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