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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12620
Experience:  Attorney experienced in all aspects of family law
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my husband served me w divorce papers and took our son that

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my husband served me w divorce papers and took our son that day and never came home with him. i had no money and had to move back to Ks. i never received any papers on court dates only recieved "finalized " divorce papers which i never signed. Are we legally divorced?
Hello there:

Thank you for your question. Frankly, there is no way to know with absolute certainty based on that information, but I can give you instructions on how to find out.

When a divorce is granted, the decree is signed by the court and both parties should have a copy of the decree served on them. So, theoretically, if there is no divorce decree in hand, a divorce was never granted by the court. I can't see the "finalized" document in your possession, but it doesn't sound like a divorce decree: you said that the document needed your signature and a divorce decree does not have to be signed by the parties, although the parties may reach an agreement that they sign, and that agreement may be signed by the court. If you are not sure whether the finalized divorce papers in your position includes a decree signed by the court, have them inspected by an attorney or someone you know who is able to interpret the nature of the documents.

That said, the main reason there is no way to know with absolute certainty that a divorce has been granted based on the information you provided is that people are really bad at following through on serving divorce documents; it is always possible that a divorce will be granted by the court, but (by mistake) a copy of the divorce decree is never served on the other spouse. Fortunately, Kansas has a relatively easy and inexpensive way to verify divorces granted in the state. Just follow this link for information on that process: Naturally, you are welcome to ask me if you have any specific questions about that process.

Let me know if further clarification is needed. Thanks.
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