Am I Divorced?

What is the name of your state? CA
In sep '92 I was working temporarily in NC. I found out it was fairl y simple to divorce in that state. So I got an attorney told him I was a resident ( I was a resident of CA). My wife was living in CO at the time. I was asked for her wherabouts so she may be served. I told him I didn't know (I did). He then suggested we run a public notice in the local paper in NC to announce my seeking the divorce. After the notice ran a few days, I went to court and was granted a divorce. My wife was totally unaware of any of this. The divorce also has her name spelled incorrectly and makes no mention of custody of our son. 2 years later we moved back together and have been together ever since. We never re-married eachother. Are we still married? Is this an invalid divorce?

magicdover said:

What is the name of your state? CA
In sep '92 I was working temporarily in NC. I found out it was fairl y simple to divorce in that state. So I got an attorney told him I was a resident ( I was a resident of CA). My wife was living in CO at the time. I was asked for her wherabouts so she may be served. I told him I didn't know (I did). He then suggested we run a public notice in the local paper in NC to announce my seeking the divorce. After the notice ran a few days, I went to court and was granted a divorce. My wife was totally unaware of any of this. The divorce also has her name spelled incorrectly and makes no mention of custody of our son. 2 years later we moved back together and have been together ever since. We never re-married eachother. Are we still married? Is this an invalid divorce?

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My response:

On paper, there is a divorce. However, if it can be proven that a fraud had been committed on the court, then the "divorce" can be invalidated on fraud grounds. The person committing the fraud may be looking a criminal charges for perjury and fraud.

Good luck - - one of you is going to need it.

IAAL

Does the name being mispelled mean I divorce the wrong person?

He means the lack of residency requirements in the state where you received your divorce was done by fraud...