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  • Question???

    Just looking for some guidance. I have a friend who was married she's trying to get everything together to do a divorce however her husband said he has already taken care of everything and she just found out that he is remarried.

    How would she go about finding out if he has somehow being granted a divorce without her knowledge. Can we call the courthouse can she have access to any records?

    She doesn't want to retain a lawyer she wants to do this all herself.

    She's tried speaking with him but he will not answer any phone calls text messages or emails he is completely avoiding her.

  • #2
    You cannot legally obtain a divorce without servering notice, unless there are extremely rare circumstances. So I would not believe it.

    If a divorce is granted by a judge there is a document he would have received. Make him provide it.

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    • #3
      This scenario sounds far-fetched.

      Your friend would have had to either sign divorce documents or have at least had divorce documents personally “served" to her.

      Your friend definitely should "consult" a lawyer, if proceeding with a divorce, since it sounds like she is in the dark about how this works.

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      • #4
        Downtrodden, it was a "photo-finish" tie, for replying. :-)

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        • #5
          Actually, I was just talking to this woman the other day whose ex disappeared (no children).
          After 6 years, she can get a divorce automatically granted without serving him or notifying him.

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          • #6
            Originally posted by OntarioMomma View Post
            Actually, I was just talking to this woman the other day whose ex disappeared (no children).
            After 6 years, she can get a divorce automatically granted without serving him or notifying him.
            I'm sure there has to be some level of proof involved for the tracking of the 6 years. And I presume the issue with the OP isn't someone dissapearing since they have communicated.

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            • #7
              How would she go about finding out if he has somehow being granted a divorce without her knowledge.
              Go to the local court house and ask them to do a search. If nothing comes up, she may wish to obtain a clearance certificate. Ask for "the coloured form", it will cost $10 to obtain although the clerks may not do it without an Application being issued.

              her husband said he has already taken care of everything and she just found out that he is remarried.
              How did she find out? Has she seen a marriage certificate? Has the possibility that her ex has lied to annoy her crossed her mind?

              You cannot legally obtain a divorce without servering notice
              If he received an order for substituted service, it would have been possible.

              Comment

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