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How can I find out if my lawyer filed the divorce papers?

If you are worried they haven’t been filed or if you want to know whether your spouse’s lawyer has filed divorce papers, there are a few simple ways to find out.

First, it is important to know that divorce proceedings are public record. There is no such thing as “secret divorces,” it will all be on file for the public to see. The existence of there being a divorce is in public records, so there is no reason for you to not find it once you begin your search, unless the filing hasn’t been done yet. Also, divorce proceedings can happen in court without the consent of the spouse. Secondly, a divorce can only be filed if a person has lived 6 months in the state and 3 months in the county. The amount of time needed to live in a state in order to file divorce papers vary with each state, so it is best to look at your state’s residency laws. Once those residency requirements are met and the jurisdiction is decided, what proceeds is a divorce petition that needs to be completed. The divorce petition is a document that states all parties involved, including the children, child custody, property division, and any other information relevant to the divorce. Once that is complete, the divorce papers will be filed in the courthouse of the county that has jurisdiction over the case. If you want to know if your divorce papers have been filed, however, it is easiest to just contact your lawyer.

If your spouse is the one that filed for divorce, it is best to contact their lawyer. Although lawyers have a duty of confidentiality to their clients and are not required to give you any information, sometimes they might tell you. If they tell you that your spouse has filed for divorce, this would be a time to hire your own lawyer and let them help you figure out how to proceed next in terms of custody, property division, and all other legal issues. Your spouse’s lawyer can help you if you would like, although their main interests are of your spouse, not your interests, so it is favorable to hire your own lawyer. Sometimes it would be best to just ask your spouse if they have filed for divorce, if the relationship is not a dangerous one, such as with history of domestic violence. If that is the case, it will be best to continue your search independently.

The best approach to find out if your lawyer has filed divorce papers or if your spouse has filed for divorce, is to go directly to the courthouse. You can speak to a court clerk over the phone, although usually they are busy and might not check records thoroughly. It is best to go to the courthouse in person. Once you are there, you can check for divorce filings in the public records computer terminal. If you are having trouble, you can ask for a court clerk for help. They are experts in looking up records, and can tell you for certain if a divorce has been filed. Getting copies of this document only require a small fee, so it would be good to have them as well.

If it is your spouse that you believe has filed for divorce, you can contact the courthouse of where your spouse lives. It is the same process, but you can also ask for a request through the mail with a small fee. You will need both parties full names and birth dates included, it will also be good to have the last four digits of both social security. Another approach to find out if your spouse has filed for divorce is to get in contact with your local sheriff’s office. Sheriff’s are process servers for legal documents and they might have those documents if your spouse has sent the divorce documents to the sheriff to serve on you. This is the most common way to find divorce filings because it is economical and not difficult to arrange.
Whether you want to find out if your lawyer has filed your divorce papers already or if your spouse has filed for divorce, it is best to search at the courthouse first. That is usually the easiest way to find filings. It might take some extra research if you are unsure of your spouse’s county or their address, but divorce filings are public records so they can easily be found.

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