Could you be divorced and not know it?

Can you be divorced and not know it?

I think so. Certainly, there are cases where personal service on a party in a divorce action could not be attained and so the court would order the plaintiff (the spouse who is seeking the divorce) to serve the missing spouse by publication. There are guidelines of course, such as using due diligence and submitting an affidavit saying that you used due diligence. One proof of due diligence is contacting every branch of the armed forces to find your spouse and providing the court with an affidavit from each branch.

The court would then allow you to serve the missing spouse by publication. Does that mean that your spouse ever saw the notice? Absolutely not. What that means is that there are tons of people out there who are divorced, and who have no idea they are divorced.

What can you do when you find out that you are divorced and had no idea? Probably nothing. If there were assets and you want “equitable distribution” you could conceivably bring a post-judgment petition for equitable distribution. But you could not undo the divorce if the service by publication was otherwise properly obtained. Check out this related posts: http://www.divorcesaloon.com/how-to-divorce-a-spouse-that-you-cant-find

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