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Married = 1972, Seperated =1983, Filed for Divorce = 1992,

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Married = 1972, Seperated...
Married = 1972, Seperated =1983, Filed for Divorce = 1992 , Remarried= 1996. Found out 2017 Divorce was not filed with the courts. What do I do? I have bogus divorce papers.
Submitted: 7 months ago.Category: Military Law
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Answered in 5 minutes by:
1/3/2018
Military Lawyer: Lucy, Esq., Attorney replied 7 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Military Law
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

You can file for divorce again now. That's the first step, if your spouse is still alive. You're legally entitled to half of all assets your spouse accumulated over the years of the marriage, including any funds in retirement accounts. California has a six month waiting period before the divorce will be finalized.

Once the divorce is finalized, you'll be allowed to get a marriage license and remarry your current spouse. It's unfortunately not legal to file your tax return as a married couple until you get this resolved, but you may be able to request an extension that will allow you to file in September. With luck, the divorce will be done by then.

If you have any questions or concerns, please reply WITHOUT RATING so I may address them. My goal is to provide you with excellent customer service. Otherwise, please rate my answer positively so I get credit for assisting you today. Mobile users may have to scroll to the right. Thank you.

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Customer reply replied 7 months ago
I Do not know the current location of my first wife.
Customer reply replied 7 months ago
just type the answer please
Military Lawyer: Lucy, Esq., Attorney replied 7 months ago

You'll have to take some steps to try to find her, which largely can consist of contacting anyone you know who might know and searching for her online. Also look for her known relatives online, especially social media. If you know what county she might live in, check the property records to see if she owns real estate.

If you can't find her, you can file a Motion for Service by Publication. That means you'll post notice of the divorce in the local newspaper for a few weeks. She won't respond, and you'll request a default. Then the divorce will be entered and will become final 6 months after you filed it.

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Customer reply replied 7 months ago
Can the first divorce effective date be retroactive to 1992 ?
Military Lawyer: Lucy, Esq., Attorney replied 7 months ago

I'm afraid not. If the marriage was still intact due to a clerical error on the court's part, they could. But not when the documents were never filed.

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Customer reply replied 7 months ago
forgot to mention, I live in Alabama and first spouse lives in Ohio . she agreed to sign with no questions.
Military Lawyer: Lucy, Esq., Attorney replied 7 months ago

Usually, the paperwork would be signed in the state where the other spouse lives. But if she'll agree, you can do it in Alabama. She doesn't have to go to court if you've agreed to everything and there are no remaining assets to divide, no minor children, and no issue regarding spousal support.

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Military Lawyer: Lucy, Esq., Attorney replied 7 months ago

Do you have any other questions about this?

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