iI my divorce legal if it was granted without my knowledge or consent?

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iI my divorce legal if it was granted without my knowledge or consent?

My husband divorced me without my knowledge or consent. I want to know if our divorce is legit. I have papers that he printed out saying we are divorced. He wasn’tsure it was going to go through. He did not even have my SSN. He went through with the divorce process during a bad time in our relationship and regretted it ever since. I want to know if we are legally divorced?

Asked on July 13, 2011 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No one can tell you that in this type of forum.  An attorney needs to read the paperwork that you are holding in your hand and to review the service of the papers, etc.  A court can not grant a divorce unless they have what is known as personal jurisdiction over you.  That means that your husband (or ex husband as the case may be) had to have proven tot he court that he properly served you with the divorce papers.  Then if the court was satisfied with his affidavit of service they would have granted the divorce on default.  If he did not properly serve you then you may be able to have the divorce set aside.  Please get help.  Good luck.


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