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Roger, Attorney
Category: Family Law
Satisfied Customers: 31781
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My fiance filed for a divorce while he was living in North

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My fiance filed for a divorce while he was living in North Carolina. He was in the military (navy) so that was always his naval residence. He lived with his wife in tennessee. He filed in tennessee in 97 but it took really long. So he refiled in North Carolina for an absolute divorce which was granted in 99. He is still married if the judge signed a document in 2000 saying that he didnt grant divorce?


Roger : Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : Is there an order/decree in the court file granting the divorce?

In North carolina his second filing he got an absolute divorce so after thirty days he had a divorce but we looked up the record in TN where they lived and they said the judge signed it in 2000 after the 99 north carolina judgement

Roger : Ok. So, you've got different rulings in different courts.
Roger : If your fiancé abandoned the Tennessee case and re-started the process in North Carolina, the North Carolina ruling granting the divorce should govern.
Roger : What the Tennessee order likely says is that it (the Tenn. court) didn't grant a divorce, but that doesn't mean that another court can't grant one as long as jurisdiction is proper - - which it apparently was if the court granted it.

he shows up in background searches that they are still married and also


and we found this...the clerk says they are still legally married based on this document. then i did a search and they said the courts could think they are still married

Roger : Well, the Tennessee court may believe this since the case he filed there was never resolved, and it is VERY likely that the Tennessee court has no idea about the North Carolina case.
Roger : The simplest thing your fiancé could do is file a motion to dismiss the Tennessee divorce case and state in the motion that a second divorce proceeding was filed in North Carolina and that the dissolution was granted, and then provide a certified copy of the decree with the motion, and that would close the Tennessee case.
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