Is a Divorce Decree Valid if Not Personally Signed by the Parties
Divorced in Oklahoma. Went to court to ask for annulment. Spouse was not there, but his grandparents were in judge's chamber looking through window into court room. When my attorney saw spouse's attorney, she ran over to her and they hugged. Judge called my name. Spouse's attorney stepped forward with divorce decree. I saw the decree for first time and noticed it wasn't signed by my spouse. His grandmother had signed his name. I mentioned this to the judge and he said it didn't matter. Judge told me to sign it. I said I wanted annulment. Judge said I should have filed for annulment. I tried to, but court clerk said I couldn't because spouse had filed first. So I hired attorney. Judge told me to sign decree or be arrested. Judge called sheriff in and forced me to sign. Since grandmother signed spouse's name to decree are we legally divorced?
Re: Spouse's Grandmother Signed His Name to Divorce Decree
Rock Knocker- Grandmother did not forge his name. She just signed his name on the divorce decree in her hand writing. Yes, we qualified for an annulment. Soon after our wedding we discovered that we are 3rd cousins. We never moved in together. Grandmother and Grandfather let the Judge hunt, fish and camp on their property. Judge and his grandparents go way back to when the Judge was a little boy.
Re: Spouse's Grandmother Signed His Name to Divorce Decree
Your spouse authorized the signature and the court accepted it.
The judge was right. If you wanted an annulment you should have filed for it but you let the grass grow under your feet and your spouse got the divorce filing in first.
Probably because a no-fault divorce is easier to get as opposed to trying to prove the grounds for annulment.
Had your spouse been present, nothing would have changed. You'd still have had to sign and been divorced.
Bottom line: You're not married any more.
Move on.
Re: Spouse's Grandmother Signed His Name to Divorce Decree
Quote:
Quoting
Dugencreek
Soon after our wedding we discovered that we are 3rd cousins.
Third cousins may legally marry in Oklahoma.
Quote:
Quoting Oklahoma Statutes, Title 42, Sec. 2. Consanguinity
Marriages between ancestors and descendants of any degree, of a stepfather with a stepdaughter, stepmother with stepson, between uncles and nieces, aunts and nephews, except in cases where such relationship is only by marriage, between brothers and sisters of the half as well as the whole blood, and first cousins are declared to be incestuous, illegal and void, and are expressly prohibited. Provided, that any marriage of first cousins performed in another state authorizing such marriages, which is otherwise legal, is hereby recognized as valid and binding in this state as of the date of such marriage.
It's not clear from your narrative why the court needed your signature on the decree. Was this a hearing for the formalization of a settlement previously entered on the record, or following a hearing and decision by the judge on the divorce petition?
Re: Spouse's Grandmother Signed His Name to Divorce Decree
There are no state where third cousins, let alone second cousins, can not legally marry. Twenty three state (no including Oklahoma) allow unconditional first cousin marriage. A handful more allow it if they're over a certain age, etc...
Re: Is a Divorce Decree Valid if Not Personally Signed by the Parties
Do you need to sign your divorce decree for the decree and judgement to be valid?