What to do if I “divorced” 3 years ago but it was never finalized?

UPDATED: Sep 30, 2022

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What to do if I “divorced” 3 years ago but it was never finalized?

Divorce papers were brought to court then recently got dismissed due to “failure to prosecute”. Ex-wife and kids live in another state now for over year. What is needed to get the divorce finalized and cheapest?

Asked on December 11, 2015 under Family Law, Oklahoma


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You are not yet divorced.  You need a final order for the divorce to be finalized.  Generally speaking, custody matters follow children... so your paralegal friend is correct that the other state may have jurisdiction over the kiddos... however, you can still file in your home state.  If everything is agreed to, she can agree to to having the divorce finalized where you file.  Your state is still a proper state for the divorce because that it where you have residency there.  She can request a change in the venue based on the residency of the children... but if your wife is in agreement... the divorce can still be finalized there. 
I know your paralegal friend is trying to help you... but consider locating a legal clinic to help you with the paperwork to insure that everything is done correctly.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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