Legal seperation laws

[flytotheangels]

My husband & I legally seperated in Oct 1996, dwn in FL. I moved out of state the very next day. I have sent him divorce papers 2x now. He refused both times. What is the statute law on seperation? He has since gotten remarried. Noone can give me any info on anything. Not even the courts, cause I am not him. What should I do? Please help this poor gal move on.

 

[dee_dub]

What state are you in now?

When you say he "refused", do you mean he refused to accept service of the papers?

 

[flytotheangels]

I have been living in VA since Oct 1996. He excepted the papers, served to him in 2001 & again in 2002, but would not sign them & sent them back to my lawyer.

 

[dee_dub]

Talk to your divorce lawyer. Unless they know something I don't, you have two years separation without cohabitation, so you don't need his agreement.

Lots of info here: http://www.divorcelawinfo.com/VA/divorce/divexpln.htm

Does his new wife know that her marriage to him is a nullity?

 

[flytotheangels]

So, when you say," you have two years separation without cohabitation", does this mean, I could be divorced already? Or no? My lawyer movd out of state, to CA, so I can't talk to him. I don't remember the paralegal we went to to get the seperation papers from. Could he have had the divorce stuff in the newspaper & I just didn't know it. How can I find out about that. Would it have to be in my newspaper, up in this state, or his state? I guess it all comes down to is, after[both] of us signed the legal seperation papers in FL, can you automatcally be divorced without signing divorce papers, after so many years(12) of not living with or near eachother? I'll try the FL courts again!

P.s. she knew we were married, at time they got together. So, she may have helped him.

 

[dee_dub]

Let me back up a minute. What is it you want?

Two years separation doesn't mean you're already divorced. It means you have grounds for divorce in VA. You still have to go to court to get a divorce order.

 

[irish223]

I think she wants to know if it's possible that he served her by publication, then proceeded with the divorce.

Yes, he could have done that. He should have published in your local newspaper, but if he said that he didn't know where you were, then he could have published in a Florida paper.

You should be able to search the Florida courts database (or the county court's database) for your name in order to determine if he finalized the divorce.

 

[flytotheangels]

I finally got someone in the court, in his county, to give me some information. They have no record of the divorce. I'll keep trying to figure it all out. This poor gal WILL move on eventually. Thank you dee-dub and irish223. If I find out anything, I'll let ya'll know.