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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 89126
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My fiance is from California and her ex husband refuses to

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My fiance is from California and her ex husband refuses to confirm or deny whether he executed the divorce. Efforts to locate confirmation of the divorce has proved futile since California has strict rules on revealing information. Not to mention you need to know the county that he filed the divorce in. So my question is how can she get confirmation of her divorce without his cooperation?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and thank you for requesting me.

What county does your fiance live in and what county does her ex live in?
Customer: replied 1 year ago.

Both now live in Alameda County

Expert:  Ely replied 1 year ago.
Great. A divorce may only be filed in Alameda, then. It can only be filed where one of the parties lives.

There are two ways to search the records.

ONLINE
Via DomainWeb - here. However, she would need to know her case's case number.

IN PERSON
At the Court's Records Unit. She can come in and review a record for free at one of the following Units:

-Berkeley Courthouse:(NNN) NNN-NNNN
-Rene C. Davidson Courthouse including the County Administration Building and U.S. Post Office Building, Oakland:(NNN) NNN-NNNN
-Hayward Hall of Justice:(NNN) NNN-NNNN

She must call ahead to find out the hours. Generally, a record may be pulled up by name.

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Customer: replied 1 year ago.

Could he have filed in another county without telling her and still get the divorce?

Expert:  Ely replied 1 year ago.
Does she remember signing off on any court paperwork and/or being served, or not?
Customer: replied 1 year ago.

No she did not.


 

Expert:  Ely replied 1 year ago.
Then it is unlikely.

He would need her to sign off on documentation and/or to at least SERVE her for a divorce.

Now, he could technically forge her signature (and in many cases, he'd need to get a notary willing to agree to stamp it), but this is a criminal act, and most individuals would not do that, especially if they can simply have her sign voluntarily.

Also, one CANNOT file in another county; one must file in the county where they live. Why would he go out of his way to file in another county and fake her signature and risk a criminal matter - it makes no sense.

In short, it is then unlikely that he's filed, but she can double-check via the means above to be sure.

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Customer: replied 1 year ago.

My fiance is presently in New York and she has received " A waiver of fees" to file an uncontested divorce. Presently, she has dual residency. She lives in New York now but goes back to her apartment in Oakland at least once a year for several months.


Can she file for divorce in New York against her ex-husband in Oakland.

Expert:  Ely replied 1 year ago.
George,

Hmm... this goes against what you had told me earlier about her not receiving anything in the mail about the divorce and/or being served.

If he is asking her to file a waiver, then he may be attempting to file, or has filed, but is waiting for her to waive her rights so the divorce may be expedited.

Can she file for divorce in New York against her ex-husband in Oakland.

YES, if he has not already filed in CA. Only one divorce can exist. If he has already filed, her NY divorce shall be dismissed if he challenges it. If he has not yet filed, then she can. NOTE - NY divorces generally take a year to finalize. So it may faster to do this in CA.

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Customer: replied 1 year ago.

Sorry for the delay and confusion but no, she never received anything from her ex. She decided on her own that she would pursue a divorce if he did not supply her with an answer.


 


This is just an option she was looking into. Seems we are stuck unless he cooperates and by the way, this guy would break the law to achieve his ends, he has before. Thanks for the info, if you have anything other thoughts please share them now.

Expert:  Ely replied 1 year ago.
G,

No worries at all.

Thanks for the info, if you have anything other thoughts please share them now.

You are very welcome. Yes, I guess I would say that the prudent thing to do would be to:

1) Check to see if he has filed, and then once she sees that he has not;
2) File herself without waiting for him because as you may know, you cannot get married until she is divorced.

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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 89126
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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