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  1. #1
    Join Date
    Oct 2006
    Posts
    5

    Unhappy No knowledge of divorce

    New York-My brother recently unexpectedly passed away at age 53. Up to the time of his death, he was not aware that he was divorced.There was never a legal separation,nor did he sign anything as far as divorce papers.They have been split up for aproximately 6yrs.I happened to find out because we listed her as a surviving spouse in the obit(I didn't want to mention her at all)She rudely put a little clip in the paper stating that was wrong and she was an ex-spouse.I have a friend that found out the divorce date was March of 2005,while my brother was doing 3 months for violating her order of protection.(He was upstairs visiting his father in the 2 family that they owned together).Isn't that pitiful. Any way,does anyone know if she could get the divorce with him having no knowledge of it,and no signature.I appreciate any input.T.Piper

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: No knowledge of divorce

    Q: Any way,does anyone know if she could get the divorce with him having no knowledge of it,and no signature.

    A: If she served him by publication or if he ignored a summons he got, yes.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: No knowledge of divorce

    You would have to check the court file, which should reflect how he was served, whether he appeared in court, and whether the judgment was entered by default.

  4. #4
    Join Date
    Oct 2006
    Posts
    5

    Default Re: No knowledge of divorce

    As of the time of his death he was not aware that he was divorced.And if the info I got was correct as to the time frame,he was in jail from Jan.05 - April 05.Supposedly divorce was dated,March 05.What is this "judgement by default".Is there a way his wife could do this knowing my brother couldn't show up.She was (is) quite the witchy(censored) woman. Thanks for any input.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: No knowledge of divorce

    Did you check the court file?

  6. #6
    Join Date
    Oct 2006
    Posts
    5

    Default Re: No knowledge of divorce

    Am I allowed to look at the court file,and if so how do I go about it?

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: No knowledge of divorce

    Go to the courthouse and ask to look at the file.

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