Validity of divorce?


#1

My husband divorced me about 2008 in Dare Co NC. However, at the time we were still living together ( he just stayed in a separate bedroom) also, I was never served with the hearing date. We reconciled and continued to live together with our then minor children until 2011. My concern is whether or not the divorce can be ruled invalid b/c we were not separated for a year and I was not served. I want to make sure my future marriage will be valid. Thank you


#2

If there a judgement of absolute divorce has been entered, then you are in fact legally divorced. If you wanted to contest the divorce based on the fact that you had not been separated for a year, or that you had not been property served, you needed to that timely. At this point you have lost your ability to appeal the judgment, and as such it stands.