Can a person get divorce without the other party consent?

Asked over 5 years ago - Miami, FL

my parents have been separated for 10 years without divorce they live in the same state have 4 children together, my father told his sister that he got a divorce from my mother without her knowing and got remarried. is this legal and what can my mother do about this she did not sign any paper work and they spoke to each other off and on even seen each other. what can be done about this she did not know about the divorce until now and how can she be compensated.

Additional information

both parents live in the state of New York one in the Bronx the other in Long Island. We have also found out that he got married to another person last year in the island's. please give more info on this issue and if you can provide name # or address for divorce attorney's in Long Island i could give it to my mother. thank you

Attorney answers (1)

  1. Margery Ellen Golant

    Pro

    Contributor Level 20

    Answered . More information is necessary to answer your question. If the divorce was in Florida, it would have been necessary for your mother to have been served with a Petition for Dissolution. There is a procedure for service by publication, but that entails a sworn affidavit from the Plaintiff/Petitioner that he made extensive efforts to locate her and was unable to do so. Once that is done and approved by the court, service by publication can be done.

    However, if he filed a false affidavit, and if she has just found out about this, she can and should raise the issue IMMEDIATELY. If there was an affidavit, from the facts you relate it would have had t be fraudulent, and a fraudulent and bad-faith affidavit would document that the court never had jurisdiction over her to decree a divorce.

    If they resided in a different state, that state's law would control.

    Either way, she should get to a divorce attorney IMMEDIATELY to investigate the situation, and what really did occur.

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