K1 Fraudulent Marriage.

[Artegal 1]

1. Anyone can get divorced w/o the other party's knowledge, by placing an edict in the newspaper.

Um that's not true in my state--and state law governs divorce law--so here both parties must sign a financial resolution of assets and liabilities before a notary, and both parties must receive and sign the divorce petition before a notary. The divorce papers are usually served in person by an officer of the court--Marshal or County Sheriff Deputy. So at least in my state there is no such thing as getting a divorce without both parties knowing about it. Now however both parties do not have to attend the court procedings, just the party that is suing for the divorce must attend court. And then a copy of the divorce decree is given or mailed to the last known address to both parties.

Edited June 8, 2006 by Artegal

[dmartmar 1]

Um... that's not true in my state--and state law governs divorce law--so here both parties must sign a financial resolution of assets and liabilities before a notary, and both parties must receive and sign the divorce petition before a notary. The divorce papers are usually served in person by an officer of the court--Marshal or County Sheriff Deputy. So at least in my state there is no such thing as getting a divorce without both parties knowing about it. Now however both parties do not have to attend the court procedings, just the party that is suing for the divorce must attend court. And then a copy of the divorce decree is given or mailed to the last known address to both parties.

So if one party is out of the country when the other files for divorce and they both severed all contact with one another; what happens then? How does your state divorce them?

[diadromous mermaid 36]

Um... that's not true in my state--and state law governs divorce law--so here both parties must sign a financial resolution of assets and liabilities before a notary, and both parties must receive and sign the divorce petition before a notary. The divorce papers are usually served in person by an officer of the court--Marshal or County Sheriff Deputy. So at least in my state there is no such thing as getting a divorce without both parties knowing about it. Now however both parties do not have to attend the court procedings, just the party that is suing for the divorce must attend court. And then a copy of the divorce decree is given or mailed to the last known address to both parties.

So if one party is out of the country when the other files for divorce and they both severed all contact with one another; what happens then? How does your state divorce them?

The legal process to divorce follows the same process as any civil suit. A party can secure a default judgment if the opposing party fails to answer the complaint. The onus is on the petitioning party to make "service of process" upon a Defendant. Typically, although the rules may vary relative to state, the Court cannot proceed in a case until a Defendant has been made aware of the claim. These documents give the defendant notice that the lawsuit has been filed and what the plaintiff is seeking. "Service" can be made by public notice. In the event that no last address is available a court may permit service by publication. The lawsuit is announced by publishing in a newspaper of general circulation, but essentially this type of service is only allowed in cases involving property and status, such as divorce where only matters relating to the division of property needs to be addressed, but if there are custody or support issued to be resolved, then those cannot be decided until and unless personal service occurs.

Edited June 8, 2006 by diadromous mermaid