Results 1 to 6 of 6
  1. #1
    Join Date
    Mar 2018
    Posts
    2

    Default 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?

  2. #2
    Join Date
    Mar 2018
    Posts
    2

    Default 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.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default 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.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Spouse's Grandmother Signed His Name to Divorce Decree

    Quote Quoting Dugencreek
    View Post
    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?

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default 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...

  6. #6
    Join Date
    Apr 2018
    Posts
    1

    Default 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?

    1. Sponsored Links
       

Similar Threads

  1. Rental Agreements: Is a Lease Valid if it is Not Signed by All of the Parties
    By lawfacts in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 03-01-2017, 11:05 AM
  2. Contracts and Agreements: Does an Employment Agreement Have to Be Signed by Both Parties to Be Valid
    By IndependentContractorINC in forum Independent Contractors
    Replies: 4
    Last Post: 12-13-2013, 03:11 PM
  3. Defenses: How Can a Legal Release Signed by Two Parties Be Voided by a Judge
    By scared4sure in forum Civil Procedure
    Replies: 5
    Last Post: 01-16-2013, 01:07 AM
  4. Debt Collectors: If I Didn't Personally Get Served a Summons, is It Valid
    By Almost There in forum Debts and Collections
    Replies: 1
    Last Post: 06-22-2010, 08:54 PM
  5. Rental Agreements: Is My Lease Valid if I Signed It when I Was 17
    By beecr006 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 04-15-2009, 08:31 AM
 
 
Sponsored Links

Legal Help, Information and Resources