QUESTION
Can the divorce go through if you have not been served divorce papers?
Asked on Feb 02nd, 2017 on Divorce - Wisconsin
More details to this question:
They claim they filed it weeks ago. I haven’t heard anything. The marriage took place in other state where I am now residing.
5 ANSWERS
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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Yes it can if they falsely claim you were served. Protect yourself and hire an attorney.
Answered on Apr 08th, 2017 at 7:13 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Yes it can. Notice of the filing of a divorce can be published in a legal newspaper. You need to protect yourself by doing a bit of investigation to see if the action has indeed been filed where your spouse is currently residing.
Answered on Apr 08th, 2017 at 7:13 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You have to be served for the divorce to proceed. There has to be proof of service in the court file. Check the court file. You can see the docket on line so you can see if an affidavit of service was filed. It doesn't matter where the marriage took place. It matters whether the state in which the action was filed has jurisdiction over you.
Answered on Apr 08th, 2017 at 7:12 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Generally no but there are exceptions. I recommend you contact the Clerk of Court where the case was filed and ask for status.
Answered on Apr 07th, 2017 at 6:52 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You must be 'served' with the summons and complaint. But in some cases that can be service such as by publication, or 'substituted service.'
Answered on Apr 07th, 2017 at 6:51 AM