How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

My fiance is from California and her ex husband refuses to

This answer was rated:

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?
Hello and thank you for requesting me.

What county does your fiance live in and what county does her ex live in?
Customer: replied 3 years ago.

Both now live in Alameda County

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.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 3 years ago.

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

Does she remember signing off on any court paperwork and/or being served, or not?
Customer: replied 3 years ago.

No she did not.


 

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.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 3 years 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.

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.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 3 years 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.

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.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely and other Family Law Specialists are ready to help you