View Full Version : Can a person get divorced without one spouse knowing?


Justadragonfly
09-24-2006, 01:05 AM
I have a friend who is wondering if her husband can get a divorce from her without her knowing about it. They have been separated for over a year now. I would think that she would eventually know about it but I told her I would see what I could find out.

MrsPhillips
09-25-2006, 12:30 PM
Yes it is possible. It really depends on the State rules. But it is possible to get a divorce without someone knowing. If the person has made and effort or published the divorce in the paper to which is considered notification on her part. I would call the county the divorce would have jurisdiction and just ask. They can tell you what you need to know.

dwfighterva
09-25-2006, 03:25 PM
Really? In VA you can't just get one. Takes a long time and settlements and custody must be decided before the decree is handed down. Years and that is only after you have been separated the proper length of time.

One way to check is call the county and see if any papers have been filed.

downtownchicago
09-25-2006, 03:52 PM
If your friend's husband knows where she lives or works, then he can't claim he was unable to contact her through regular means such as mail.

Does she want to get back together with him ? If not, why isn't she filing for divorce ?

PattiD1157
09-26-2006, 07:50 PM
In most states if one person "says" they don't know where the other one is they have to publish a notice in the newspaper of the "LAST KNOWN ADDRESS" of that person. For example if someone lived in "makebelieve, thatstate" the person would have to publish a notice in the "makebelieve daily press".
Hope that makes sense and helps.

Patti

a1rcarrier
09-26-2006, 10:49 PM
I don't know if the laws are the same now as it was back in the late 70's but I got a divorce in Texas without my husband knowing. I tried to have him served and they couldn't find him so I put the notice in the paper for 30 days and then was granted a divorce when he failed to show up for the hearing.

SexyChef1
09-27-2006, 07:57 PM
Yep you can in Ohio ...they claim they dont know where you live...they'll send the papers to the last known addresss and when you dont show up in court he wins by DEFAULT..I know it happened to me...I deliberately didnt show up in court because I had nothing to fight about and they granted the divorce.

Greengirl6773
09-27-2006, 08:09 PM
In Nebraska, you have to publish (I believe it's 3 consecutive weeks or publication dates) and then you also have to have service to the last known address and via mail to the last known address.

mel2020
09-30-2006, 07:19 AM
Really? In VA you can't just get one. Takes a long time and settlements and custody must be decided before the decree is handed down. Years and that is only after you have been separated the proper length of time.

One way to check is call the county and see if any papers have been filed.

Its similar in KY, only you can still get a final decree if it looks like custody/visitation battles will continue forever...like mine :rolleyes: The only thing I had to "swear an oath" to was that I hadn't had marital relations in 6 months (or I KNEW I wasn't pregant; we're still old school here and they won't allow a divorce while you're pregnant) and that I didn't want to reconcile. After that, my lawyer found the judge, made him sign the official decree, and I did a happy dance!

Neca Blacc
09-30-2006, 03:31 PM
It can happen in TN, to make a long story short, my uncle by marriage filed for divorce about 20 years ago. Then he and my aunt reconciled, according to him he dropped the filing or whatever the proper term is. Anyway, just last year my aunt caught him committing adultery and guess what they were actually divorced 20 years ago unbeknownst to her. When she went to the COunty Chourt house the divorce was granted because he told the courts that he could not contact her, he didn't know where she was at etc. So she has been thinking they were married all of these years

beverlywu
09-30-2006, 05:59 PM
well, its not easy, as one normally has to make a staement stating that they dont know where he or she is, but after that one can publish as stated in earlier posts. if they dont find out it wouldnt be contested. I just think its better to have them served rather than be dishonest.......normally they would agree, but if not the judge will order divorce either way.