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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 41012
Experience:  30 years as a family law lawyer .
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My husbanx received a divorce without my knowledge and he

Customer Question

My husbanx received a divorce without my knowledge and he liex to the courts..the. Decree says i get nothing after 34 yrs of marriage..which i thought was 46 for not kniw Knowing if this divorce Whete can i get help please
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: I was living in ny stste..he moved all overbut got thedivorce in georgia Iwas never served
JA: Have you talked to anyone in the chain of command about this?
Customer: I went to an attny to get the divorce and this is when i found out I called veterans affairs and even went to an office They said there was nothing they could do for me
JA: Anything else you want the lawyer to know before I connect you?
Customer: He claimed he had not seen me or known my whereabouts for 11 years..he onitted telling his attny and the judge that we started divorce proceedings in 97 through 98.he knew where i worked..and we have grown children thatalso know where i am all the time
Submitted: 6 months ago.
Category: Family Law
Customer: replied 6 months ago.
Please excuse typos..using my phone
So sorry
Expert:  retireddebra replied 6 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  retireddebra replied 6 months ago.

This question is on the Canada law list. Do you live in Canada or the US?

Customer: replied 6 months ago.
Hello
I lived in the usa for 46 years...last year i left my ny state job to be full time caregiver for my 90 yr old mom with Alzheimer s....I have been living in canada temporarily since that time...all proceedings happened in the usa..after being here for over a yr..I started divorce proceedings with an attny in canada...late last yr...this is when i found out that my x obtsined a divorce without my knowledge..he claimed he had not seen or heard from me in 11 yrs and that no one knew where i was..even our grown children... In 1997 and 98 we went through initial divorce in ny state..that was just 6 yeats before he told his attny and the judge in georgia that we had no contact for 11 yrs...i was not served...i was easy to find..both our grown children are in contact with me at all the time through the years...i worked for the state of ny...instead he advertised in a georgia paper...never been there..and in a county where i did not live or work in..in ny state
He left ny state with all our furniture and proceeds from the house...at this point all i want is my fair share of the military retirement...i need help to amend this divorce...i contacted a lawyer in georgia and that is how all this came to life....i cannot afford a lot if money...i really need help with this
Thank you
Expert:  retireddebra replied 6 months ago.

Then this is about the law in the US do I will ask the site to move the question over to that list.

Expert:  RayAnswers replied 6 months ago.

Ray here a new expert.You would want to obtain the divorce pleadings here including the decree.You are then able to file a motion to modify the divorce decree to see a fair property division.You would need to file that in NY if that is where the divorce was granted.

Here is self help with forms, you will have to modify these to your facts.

https://www.nycourts.gov/courts/8jd/pdfs/helpctr/Enforce_Modify_Judgment_Divorce_Erie_010412.pdf

Your petition needs to set out what you want modified in the decree, you can seek to redistribute the property and a fair resolution here.

I appreciate the chance to help you today, sorry this happened to you.

If you can positive rate 5 stars it is much appreciated.

Expert:  RayAnswers replied 6 months ago.

You are going to have to modify the petition here for support to one seeking modification of property in the decree, this is as close as I can come to form for you

http://www.courts.state.ny.us/forms/familycourt/childsupport.shtml