QUESTION
How can I find out if I am still married or not anymore if I don't have a court date yet but the divorce has been filed 4 months ago?
Asked on Apr 14th, 2013 on Divorce - Mississippi
More details to this question:
My husband filed for divorce without telling me. I got my divorce papers 4 months ago it was so hard for me. He emailed me 3 months ago telling me he want a divorce soon as possible without explanation. It has been four months and I still don’t have a court date. Am I still married or divorced?
11 ANSWERS
You need to contact the county in which the divorce was filed. The clerk will be able to tell you the status of your case.
Answered on Apr 18th, 2013 at 8:47 PM
If you have received nothing from the court then you are still married. You can check on line for the status of your case.
Answered on Apr 17th, 2013 at 8:25 PM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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If you're in Wisconsin, look the case up on CCAP (google Wisconsin CCAP to find the web site). Unless you missed a hearing, you're not yet divorced, but the case information online can help you figure out the status.
Answered on Apr 17th, 2013 at 8:06 PM
If you were personally served with the divorce papers, then after 41 days if you do not respond or appear in the proceeding, then your husband can then file to get a default divorce granted in the case. If you have the index number from the case when you were served with the papers, then you can look it up on ecourts to see if the case has been disposed. Usually you do not have a court date scheduled if a spouse files for a default divorce which is why you would not have been sent anything from the courts about a court date. However, if your husband did file for a default divorce, it often times takes up to 4 months after he submits the final papers before it will be granted. Therefore, if you were only just served with the papers 4 months ago, more likely than not the divorce has not been granted. You should still look up the case on ecourts, or go to the county clerk of where the case was filed to ensure that the divorce judgment was not granted.
Answered on Apr 16th, 2013 at 10:35 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
You should go to the same court to find out. It is easy. Also, you need to prepare and file your response to his petition. If you have child or property, then the court has to adjudicate these issues. You should take this matter in your hand or hire somebody to do for you.
Answered on Apr 16th, 2013 at 2:35 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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You will have to check with the court where your case was filed. If you didn't file a response to the Petition for Dissolution of Marriage, then it is possible that your husband could request a default.
Answered on Apr 16th, 2013 at 2:34 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Go to the court and see what has been filed in your case (ask how you can review your case file). Get copies of anything you don't already have. Make sure you have filed your response, otherwise, he can file a Default against you anytime at least 30 days after you are served the divorce papers. In California, there is a mandatory six month waiting period before you are eligible for divorce, but unless one of you move the case forward toward a default, a trial, or a settlement agreement, the case will not be finalized. Seek legal help if you are unsure of your status after you have copies of everything that has been filed to date.
Answered on Apr 16th, 2013 at 2:34 PM
Your court case number and the court you are in are on your pleadings. You can look up your case status online in many jurisdictions, or you can locate the number of the court clerk and make an inquiry by telephone.
Answered on Apr 16th, 2013 at 2:33 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Unless you had notice of a court date, you are still married. By statute there is a 120 day waiting period before a divorce can be granted but the court won't grant it without an agreement or a contested divorce hearing.
Answered on Apr 16th, 2013 at 2:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is impossible for me to answer your question based upon the facts which you presented. It is clear that you should be seeing an attorney regarding this matter immediately.
Answered on Apr 16th, 2013 at 2:32 PM
Personal Injury Attorney serving Jackson, MS
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Jeanine Michele Carafello Attorney at Law
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You need to call the clerk of the Court where the documents were filed to find out the status of whether or not a Judgment was entered or if there is a hearing date scheduled.
Answered on Apr 16th, 2013 at 2:32 PM