Can a divorce be legal without one spouse knowing of the situation?

[spicefires]

What is the name of your state?What is the name of your state? Brooklyn, NY

Ok...here is the situation that I am in. A year ago, I caught my husband cheating on me and he attacked me when I told him that I wanted a divorce from him. Since we were both renting from his parents, he put me out of the home causing me great distress and hardship. In October of 2004, five months after we separated, we reunited and was in the process of getting our marriage back together. We continued to pursue the marriage untill late March of this year, when I recieved a letter in the mail stating that I never showed up to court for divorce procedings and that the courts granted a divorce based on abandonment, separation, endangerment, and not performing my "wifely duties". As I said, I had no idea that my husband was doing this behind my back especially since we were still conducting and performing our duties as husband and wife. I am under the impression that he wanted to stay married long enough to gain citizenship through me since I am a natural citizen and also since he was in the process of purchasing a new home with his parents. It also turns out that he never discontinued the relationship he had with the other woman which I have proof of. My question is this...Is the divorce legal even though I was never notified or aware of it going on? Since these precedings were going on while my husband and I were still together, are the details binding since they are not true? The means by which he got the divorce were fraudulant and deceiving, to the courts as well as to myself. I have been through too much at the hands of this man and the least, the very least I want is to have my day in court. I have been deceived, wronged and robbed of my day in court, and I want to know if there is anything that I can do at this point or in the future? Please give me some advice or help me......I want my day in court!!

Spicefires,
Brooklyn, NY

[LdiJ]

Originally Posted by spicefires

What is the name of your state?What is the name of your state? Brooklyn, NY

Ok...here is the situation that I am in. A year ago, I caught my husband cheating on me and he attacked me when I told him that I wanted a divorce from him. Since we were both renting from his parents, he put me out of the home causing me great distress and hardship. In October of 2004, five months after we separated, we reunited and was in the process of getting our marriage back together. We continued to pursue the marriage untill late March of this year, when I recieved a letter in the mail stating that I never showed up to court for divorce procedings and that the courts granted a divorce based on abandonment, separation, endangerment, and not performing my "wifely duties". As I said, I had no idea that my husband was doing this behind my back especially since we were still conducting and performing our duties as husband and wife. I am under the impression that he wanted to stay married long enough to gain citizenship through me since I am a natural citizen and also since he was in the process of purchasing a new home with his parents. It also turns out that he never discontinued the relationship he had with the other woman which I have proof of. My question is this...Is the divorce legal even though I was never notified or aware of it going on? Since these precedings were going on while my husband and I were still together, are the details binding since they are not true? The means by which he got the divorce were fraudulant and deceiving, to the courts as well as to myself. I have been through too much at the hands of this man and the least, the very least I want is to have my day in court. I have been deceived, wronged and robbed of my day in court, and I want to know if there is anything that I can do at this point or in the future? Please give me some advice or help me......I want my day in court!!

Spicefires,
Brooklyn, NY

You are going to need to consult a local attorney. This is too complex to handle on a message board.

[Kansas4me]

You do need to talk to an attorney, but I thought I would tell you what happened with my brother.

He filed for divorce cause his wife's numerous affairs. She was served and all heck broke loose. But she never showed up at any of the court hearings. They granted him the divorce and everything he asked for (1/2 of marital assets even though he could have had all, full custody of the three kids, and $160 a month in child support, he wanted less, but the court said that is the min) 30 day waiting period to finalize. 10 days before that waiting period was up, she serves him with papers (not sure what kind) but they had to start all over. His order was thrown out, and hty had to go to mediation to see if they could work itout and then back to court. now 4 months later still no divorce and it looks like she is getting almost everything. The house, 50% of maritial assets, $650 a month in child support at least, and $150 in maintance. (she worked the whole marriage go figure) He will be so screwed when this is all over. The truck and car are in his name as he had the better job, but she will be awarded the car. When she fails to make payments, guess who either makes it or has a repo on his credit?

Go figure!