Skip to main content

When will the divorce be final so I can remarry?

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.

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. 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.


  2. 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 recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.


  3. 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. 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 communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.