Is there an expiration date on papers filed for a divorce that have not been served to a spouse?
My marriage wasn't legal; my spopuse founf out that he wasn't divorced after we got married. I was told I still had to get a divorce from him. He has remarried but I want to make sure everything is right before I remarry. I filed divorce papers a year ago then moved to and wasn't able to send the papers to the civil dept in OH where he lives. Do I have to redo the papers or can I still send them to OH and serve him?
You really need to speak with an attorney in your area on this matter or at the very least the clerk of the court. Every state has statutes that allow for service of papers. Some states, though, have statutes that require that you file the papers in court, purchase an index number and then serve them on the parties within a certain time frame (120 days for example). If you have not served them within the time frame you have to ask the court for more time to do so. Otherwise the service is not valid. You seem to really be trying to do the right thing here and that is commendable. Go and see an attorney for help with this final step to closing this chapter in your life. It will e worth the consultation in the long run. Good luck.
Rate This Answer: Not Yet Rated
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to AttorneyPages.com and retain an attorney to represent you.