Just got real bad news

[VetsWife328 7]

Thanks to all of you for your advice and support!

Jim has left the US Army last August,so JAG can't do anything anyways.

True,the papers were signed by both and notorized but never turned in......

I hope to God that all we have to do is get Sharon to put them signed and notorized papers in.

Jim going to talk to a lawyer today to find out WHAT we can do to get the man the divorce he thought he got 18 months ago.....

Anja and Ilka-huggs for you girls too!!!!!

Anja,have a great flight and send me pictures of the wedding party!!!!! Don't forget to send /mail me your addy in the USA so we can mail you that thing from ####### Hannah!!!

Ilka,I will call you on the weekend.

Again,thanks to everybody for the support and advice!

Nat

[meauxna 15]

OMG, this just happened to another VJer.. she found out after 10 years that she was not really divorced!

It changed their case a bit, but they have been able to work with it.

[almaty 19]

i am confused..when a party files for divorce...both parties are given the court date for the divorce haering..if he did not receive it or if no party showed for the hearing there was no divorce...pretty strange situation here...

[PorknBeanz 0]

Is it possible that both parties talked to lawyers, drew up and signed the papers, but that the wife's lawyer never actually filed the papers because she didn't pay? If so, nothing was ever filed with the court, hence, no court date and no official record.

Divorce law is not a federal action so it's handled at the state level. Each state has different laws. For example Florida does not recognize "separation". You are either married or divorced, there's no in-between in Florida. If the original paperwork was never filed you might have to file again and your state might have a mandatory waiting period.

Edited March 8, 2006 by PorknBeanz

[Welshcookie 17]

i am confused..when a party files for divorce...both parties are given the court date for the divorce haering..if he did not receive it or if no party showed for the hearing there was no divorce...pretty strange situation here...

Is it possible that both parties talked to lawyers, drew up and signed the papers, but that the wife's lawyer never actually filed the papers because she didn't pay? If so, nothing was ever filed with the court, hence, no court date and no official record.

Divorce law is not a federal action so it's handled at the state level. Each state has different laws. For example Florida does not recognize "separation". You are either married or divorced, there's no in-between in Florida. If the original paperwork was never filed you might have to file again and your state might have a mandatory waiting period.

I am kind of feeling that no divorce has actually been filed....so it would have be started from scratch...which all being good and no probs would take up to 6 months at the most...

Edited March 8, 2006 by welshcookie

[Peter Miami 0]

I hope the best for you. I have never been married or divorce but from what I have seen they are not always quick and specially with your fiancé not being in the U.S. You need to have a serious sit down and talk with your fiancé. How can he send paperwork to his ex-wife and then not check on them. I just can not understand this?

Good luck,

Peter Miami

[neal y eliana 0]

Keep your chin up, took me a year a half to get divorced. After that we had to wait 8 more months for some papers on her end, then a few more months for the K-1.

We met in 2002, were engaged in 2003, and we were just married 2/19/06. Patience is not one of my strong suits, but we made it.

If it's meant to be, it will be...

Good Luck

[Welshcookie 17]

Natasha....

I do think that Jim needs to look back and remember what exactly went on....once a divorce is properly filed papers get dealt within the court, If he signed divorce papers then they would have been sent to the court not to his wife.

[meddykomp 0]

My ex and I separated in January of 99 and filed for a divorce at that time using legal aid, which was seriously backlogged. By the time they actually got to our case over a year later, they denied the divorce because I was pregnant and they stated I had to establish paternity first. We just let it go at that time because we had already separated everything and it was simply a formality for us. I refiled last February retaining my own lawyer (thankfully my financial situation is much better now) and my divorce was final May 3rd. I got remarried May 30th. Of course we are going the CR-1, K-3 route instead of K-1.

[VetsWife328 7]

Well,just got off the phone with Jim.

Sharon filed for the divorce in the middle of 2004 ,Jim was deployed to Iraq.He got the divorce papers and signed them,the papers wre sent back to Sharon and that was it.

Sharon never turned the papers in to the courthouse.

She filed for divorce in Virginia where she lives.

Jim was stationed in Germany but at the time deployed to Iraq as I said.

He's now out of the military and lives in Oregon.

They got married in Texas.

Does anyone know whether the paprs could still be on file in Virginia? Does anyone know anything about VA Divorce laws?

As I said,there's no kids ,no property,no money or anything.And they have been legally seperated for years.

Any info would be grealy appreciated.

Thanks

Natasha

[dmartmar 1]

From what Jim told me, he got the divorce papers that were signed by both of them and notarized, then he mailed that stuff to her (and that was while he was deployed to Iraq about 1 1/2 years ago) and she never turned the papers in............

Why didn't Jim turn the papers in himself, instead of sending them back to her so she could do it? He already had both signatures on the papers and since he was the one who had originally initiated divorce proceedings anyway, she was out of the picture already!

If he was outside of the US when he filed, sent the papers for her to sign (which she did), then got them back from her, there was no reason for him to re-mail them back to her so she could turn them in. The same way he mailed them to her for her signature, once back in his hands he himself should've instead submitted them to court.

What I don't understand is; if he began proceedings, either he himself, his atty. or someone had to file in court in the US, which leads me to believe the court at that point had to be waiting for the paperwork signed by both to be turned in, in order to finalize the divorce.

This doesn't make sense!

[dmartmar 1]

I do think that Jim needs to look back and remember what exactly went on....once a divorce is properly filed papers get dealt within the court. If he signed divorce papers then they would have been sent to the court not to his wife.

Exactly my point!

And why would she file for divorce and have him sign papers, when I would assume she knowingly beforehand knew how much everything would come out to anyway? Why would she go through all this hassle, have him sign the papers and once back in her hands, not submit them?

Hmmm...

[DavidN 1]

See if there is an equivalent to a "Summary Judgement Divorce" in your state as there is in California. If a petitoin and preliminary Declaration of Disclosures have been filed, see about getting a bifurcated divorce. Basically, it "frees" you from being married while all other issues are still pending or in the system. I recommend a hearing for a bifurcated divorce so the judge can grant it immediatly following a hearing. Search the net or a divorce book for your state on these two topics.

[luvaLimey 0]

I had a suprise with my divorce as well. Even though we had been separated for a couple of years, and I'd submitted the papers (with his notarized signature and everything)...I got a notice about one month later that the proper court fees needed to be paid (even though at the time, I was on state financial aid and couldn't afford it).So I paid it with money I didn't have, becuase it was more important to me that the divorce was finalised than that I be able to pay my power bill that month.

[desert_fox 32]

Depends on which state. If attorneys are used, they will not file for the final judgement until they have been paid for their services, or some kind of agreement is included in the final agreement so that they can get paid.

Once a divorce has been filed, either party can have it finalized. Have you fiancee pony up the 600 and have the attorney finalize it.