Illegal divorce?

[skyy]

What is the name of your state? VA

A dear friend of mine is going through a bitter custody battle. Among other things, he's just learned he's been divorced for a year, but has not been able to find his ex-wife for over a year. She initially went to file for divorce (I'm not even sure it was in VA. It could have been PA or DE depending on what week it was and where she lived.) and was told she had to take parenting classes. She went back at a later date and said he did not father any of her children (although she's still seeking child support). He was contacted a couple weeks ago and told the divorce was finalized (he was never served), but he could contest(?) the divorce since it was prepared with lies.

- Does he have to have this overturned and file properly in order for him to have a legal divorce?
- If he leaves this as it is, will he be able to get married at a later date, or is he still married now?

Thank you

 

[stephenk]

who contacted him and told him the divorce was final? Where was the ex living when he was told the divorce was final? when did this all happen regarding the divorce? In what court is the custody battle being heard? Does your friend have an attorney?

 

[skyy]

- He contacted the Family Court of DE to find out if she took the parenting classes required for her divorce and was told she claimed he fathered no children. So, the divorce went through.
- I'm guessing she was living in DE when the divorce was final.
- The divorce was finalized in 4/02.
- By custody battle, I mean he's trying to get himself together with any evidence/support to go for custody. He's only been allowed to see 2 of his three children about 2 hours in the past 2 years. So, he's really looking for her since she took off with the children but can't stay in one place too long because she's wanted by the police. By the time he's gotten an address, she's relocated and, in one instance, changed her vehicle.

- Also, since the children were born in VA, he's in VA and custody wasn't addressed during the divorce, can he file for custody in VA?

- I'm working on getting him a lawyer, but he'd like to get as much as possible done on his end to save his money for when he has to pay for lawyer hours.

 

[skyy]

I'm just wondering if anyone knows if the divorce will stick although there were lies included or if it has to be refiled and served with the proper information.