Divorce without spouse's signature

[leg1965]

I am in Tennessee.
In April, 2009 I divorced my husband while he was in jail for domestic assault. The judge granted the divorce, but he is now claiming that it is fraudulent because he never signed the papers and a lawyer told him that a judge can't grant a divorce unless he had been sentenced to more than 24 months. He was only sentenced to 18 months. Am I divorced or not? I still have an order of protection against him and he has charges pending for violating it. We are having visitation issues also. He only gets his son for two hours a week under supervision. Any information would be appreciated.

 

[Proserpina]

I am in Tennessee.
In April, 2009 I divorced my husband while he was in jail for domestic assault. The judge granted the divorce, but he is now claiming that it is fraudulent because he never signed the papers and a lawyer told him that a judge can't grant a divorce unless he had been sentenced to more than 24 months. He was only sentenced to 18 months. Am I divorced or not? I still have an order of protection against him and he has charges pending for violating it. We are having visitation issues also. He only gets his son for two hours a week under supervision. Any information would be appreciated.

He can claim whatever he wants. People are divorced in prison/jail all the time.

You're still divorced.

 

[leg1965]

Thank you! That's one less thing for me to worry about!

 

[justin1]

I am in Tennessee.
In April, 2009 I divorced my husband while he was in jail for domestic assault. The judge granted the divorce, but he is now claiming that it is fraudulent because he never signed the papers and a lawyer told him that a judge can't grant a divorce unless he had been sentenced to more than 24 months. He was only sentenced to 18 months. Am I divorced or not? I still have an order of protection against him and he has charges pending for violating it. We are having visitation issues also. He only gets his son for two hours a week under supervision. Any information would be appreciated.

Yes you are divorced. If judge granted it then there is no issue.
You can file divorce even if your spouse is in jail and also can inmate if your spouse won't sign papers.

 

[single317dad]

My own divorce was concluded without any signatures on the documents. The signature is only proof that the parties read the document and agreed to its terms. My ex did not agree, so the judge ordered us divorced under terms the judge decided upon, and that was that.

 

[latigo]

. . . People are divorced "in" prison/jail all the time (?). . .

They're holding family court in prisons these days?

If not, then you get a nice "F" in English!

 

[Proserpina]

They're holding family court in prisons these days?

If not, then you get a nice "F" in English!

I'd be uncouth and respond with "There is no F in English", but I'm a lady.



Tea and crumpets, latigo?

 

[Mnemosyne]

I'd be uncouth and respond with "There is no F in English", but I'm a lady.



Tea and crumpets, latigo?

I have three words for this reply: F in Funny.