Asked about 1 year ago - Topeka, KSFlag
my husband has been in the county jail and i have visited him regularly since he has been there.if not visiting then writing. can he divorce me without my knowlegde? he knew where i was the whole time he has been in there. can he file divorce without my knowledge? i never got my name switched to his. is that going to make a difference? and we got married in the county jail. so they know who i am. whenever i visit him they give me dirty looks. he is in there for domestic violence. since there we argued over his cheating,checks,crimes he commited and lots of other things. i know calls were monitored. he is 28 and white. i am 47 and black, so i already know they think he did no wrong. my god the things he put me through!!!!! but theses people hate me and i was told they are helping him.
It's possible, though extremely unlikely.
When someone files a divorce, the usual way the papers are served on the other person is by having the sheriff deliver those papers. But service of process may be handled in a number of other ways to serve Kansas divorce papers: service by a special process server appointed by the court, service by a licensed attorney, or service by certified mail. If one or more of those methods hasn't worked, then the court may allow service by "posting," which means that the papers are left at the other person's residence, with a copy of the papers sent to the address by first class mail. Still another way to "serve" divorce papers is by publication if there is an affidavit filed stating under oath that the person seeking service does not know where the person against whom the action is filed lives, does not know have to reach that person, and has "made a diligent search" trying to find out how to properly serve the papers.
It's certainly not unheard of for someone to lie about knowing where someone lives. But in that situation, not only would they be subject criminal penalties, but whatever orders they obtained by doing so would be invalidated.
None of the other things you mention effect this basic principle.
You can find out if your spouse has filed a petition asking for a divorce by calling the district court clerk of the county in which you live, or the county in which your spouse lives.
Regardless, it's probably that you should contact a qualified family law attorney to represent you or to file an action on your behalf.
Your question is a little confusing but here goes:
The 14th Amendment to the Constitution requires notice and opportunity to be heard.
So the answer is NO, but do people lie and not give notice and tell the court that notice has been give, the answer is YES.
You may want to actively watch your local court site to see if a case has been filed.
24,795 answers this week
2,599 professionals answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary