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Divorced without my knowlege or consent!!!!!

  • steven1234
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11 Jun 09 #123176 by steven1234
Topic started by steven1234
Hi hope you can help me! I have been seperated from my estranged wife since Dec 2006. We were married in 2003 and were together roughly 9 years all in. When we got together i moved into her house which she bought with her ex which she got him to sign over to her [very manipulative woman] we married whilst still living in the 1st house but my name was not on the deeds. We sold that house in 2006 and bought a bigger house, [she only got another mortgage because of my wages] I have gone on to have two kids with my new partner and she has a new fiance living in the new house we bought. I have just found out that she has divorced me!! my partner called the local sheriff court and they said the papers were sent to my mums old address by recorded delivery and signed for but never returned and something else was sent by recorded del at another date and again signed for upon delivery but not returned so instead of making sure i actually recieved them, they just granted her the divorce! She knows i havent been there since jan 2007 and my mum sold up and left town in Nov 2007 as she has been questioning friends and family so it has been pre meditaded from her end plus she keeps in touch with my cousin via e mail and knows where my brother lives so ive not been hard to get a hold of. They also said that the divorce was either granted or proceedings were started on 12th March this year [was in shock so didnt take everything in!] but i phoned her mobile and asked for a divorce in march or April this year so she knew the divorce was starting to be dealt with and didnt tell me. I want half of the house and half my savings and to sort out the pensions as we both have one, as it stands i dont know anything and feel very let down by the system basically she could have given them her friends address and they would have taken her word for it and if i hadnt checked would have been none the wiser. Where do i go from here and what are my rights?

  • Elle
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13 Jun 09 #123694 by Elle
Reply from Elle
Steven,

It is unlikely if proceedings started in March this year that matters would be concluded. IMHO you need to see the Court papers regards the alleged action (divorce) asap. I would phone the Court and ask them if you need an appointment. The Court file should contain the recorded delivery details and hopefully you will discover who has signed for the info.

Elle x

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14 Jun 09 #123841 by Fiona
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If this was done using the simplified procedure there is every likelihood the divorce has gone through. Don't panic, occasionally someone does this and there is provision for dealing with the finances although time is the essence. If there is evidence fraud has been committed then your ex?wife leaves herself open to being ordered to pay your costs. See a solicitor as soon is possible

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