If my wife lives out of state, could I be legally divorced without my having signing anything or even been notified?
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If my wife lives out of state, could I be legally divorced without my having signing anything or even been notified?
She told my son that we got divorced and she just got remarried.
Asked on January 1, 2012 under Family Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Not unless she did some quick - and possibly unscrupulous - maneuvering with the courts! You have to be notified unless she told the court that she did not know your whereabouts or because you lived out of state had you served by what is known as substituted service (publication being one method). So if I were you I would go and check the court records. In New York you can check the filing on line. Her state of residence may also have that capability. And you need to figure it out quickly if there are children involved or property that should be distributed. If she was granted a divorce it was done with you in "default" which is not good. Good luck.
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