If my estranged husband claims he filed for a divorce in another state but requires nothing from me, could this be so simple?

UPDATED: Jun 18, 2015

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If my estranged husband claims he filed for a divorce in another state but requires nothing from me, could this be so simple?

Is there way I can check on the case without a lawyer or should I seek legal counsel?

Asked on June 18, 2015 under Family Law, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If your estranged husband filed for divorce, you should have been served with a copy of the documents.  If your address was unknown, you could have been served by publication which means notice of the case filing appeared in the legal notices section of a newspaper for a specific period of time (the time period varies from state to state).  Service by publication is valid even if you didn't see the notice in the newspaper.

As for checking on the case, if you know in which court the case was supposedly filed, you could have someone go to that court and look for your husband's name in the court's computer to obtain the case number.  Once the case number is obtained, your representative can ask the court clerk for the file.  The file cannot be removed from the court, but the court clerk can photocopy the file for you.  Your representative can then provide you with a copy of the file.

You don't need an attorney just to check on the status of the case by obtaining a copy of the case file as mentioned above.

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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