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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16289
Experience:  15 years exp all aspects of general law
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31 yrs. ago my ex husband lied to the courts saying we lived

Customer Question

31 yrs. ago my ex husband lied to the courts saying we lived in Tennessee and I abandoned hm..i was never served nothing, we never lived in Tennessee ,never received a notice to go to court . all these years. I found out that he spelled my first name wrong and received a divorce, is this legal and are we still married?
Submitted: 3 months ago.
Category: Legal
Expert:  Legalease replied 3 months ago.

Hello there --

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Did he live in TN at the time he used their courts to apply for a divorce even if you were not living there with him at all or ever ?

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How long have you known about this divorce ?

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MARY

Customer: replied 3 months ago.
no he never lived in Tennessee his family does ie aunts uncles his mother is originaly from Tennessee ive known for 31 years but no one would ever hel pme
Customer: replied 3 months ago.
could you please call me?
Customer: replied 3 months ago.
ok my credit card is out of money guess you wont be calling me, but can you answer me am I divorced?
Expert:  Legalease replied 3 months ago.

Hello there --

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Unfortunately, your payment for the telephone call did not go through and I am not permitted to call you until you can straighten that out with customer service. There are additional charges for a telephone call (not my rules, sorry).

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However, I can tell you that legally, if your ex was actually living in TN at the time he filed for divorce there, then the TN court had jurisdiction over him and he was permitted to file for divorce there because he lived there at the time. When you did not appear, a DEFAULT divorce was granted to him. Now, normally I would tell you that a default divorce can be challenged in the court that issued the default divorce but I have never seen a default divorce be reopened if the default divorce has been in place more than 10 years. On this point alone (the 31 years) I think you will have a difficult time reopening the divorce case and having the divorce declared invalid because so much time has passed since it was issued. You can certainly try it -- and how that is accomplished is that you must file a written motion to the court in TN where the divorce was issued and ask the court to reopen the case and contest the divorce and how it happened, etc. If you are able to get the case reopened now, then the marriage will be declared as valid for all of these years and the divorce will happen now at the time you reopen the case (assuming you no longer want to be married to him).

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So, yes this divorce is valid at the present time unless you challenge it in the court where it was issued by getting the court to reopen the case.

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I hope that helps. Please let me know if you have further questions. Please press a positive rating above in the star rating section so I will be given credit for assisting you tonight. DOing so will not cost you any additional money -- it just acts as the trigger to the website to pay me for my time. THANK YOU VERY MUCH

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MARY