When will the divorce be final so I can remarry?

Asked over 1 year ago - Augusta, GA

I filed for divorce because of adultery and fraud on the part of my husband. Have evidence of both. Our second divorce hearing is may 10th. I don't know if he was properly served as I sent the paperwork to his cpt in Missouri.

Additional information

I have filed for divorce myself as I cannot afford a lawyer. I only receive ssdi and am on a fixed income. I do have the proof of adultery and fraud. His cpt was supposed to send me back the documents three weeks ago and they haven't. This is the second time he has been served, my husband lost the first set of papers when he was properly served in Germany last year.

Attorney answers (4)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Divorces aren't served by sending them. They are served by a sheriff or process server unless service is acknowledged. If you fail to do that you will NEVER be divorced. Divorces with a party out of state can add an extra complexity. Note also that in alledging fault grounds rather than a no fault ground, you may possibly complicate the case as you have to prove those grounds. You really need to see a lawyer.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. Barry Dean Broome

    Contributor Level 10

    3

    Lawyers agree

    Answered . Process must be properly served on all parties in an action. Anyone who is not served is not bound by the decision in the case. A person who believes that proper service has not taken place may generally challenge the service without actually making a formal appearance in the case.

    Do you have a lawyer to help you? If not, please retain one.

  3. William Emil Cassara

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . It sounds from one of your comments that he is in the military. His commander giving him the paperwork doesn't necessarily mean he was served. He has to be officially served. Once service is perfected and he files an answer the case can proceed. It really sounds like you need to retain local counsel.

  4. Matthew Thomas Majeski

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . Divorce is final when the divorce decree is signed by the judge and filed with the court. The order can declare that both parties are now considered "single".

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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