If your spouse has told you they filed for divorce, it is worth knowing if the news is true. You need to contact your lawyer. If you are unable, checking the County Court records should provide you with the necessary information. It is important to find out right away so that you can establish the line to follow with your lawyer as soon as possible. [This article is contextualized in the regulatory framework in force in the United States of America]
Steps
Step 1. Contact your spouse's lawyer
If you have hired a lawyer, he will know if the divorce petition has been filed and in which state. Just call and ask. If you don't have any legal assistance, go to the next step.
Step 2. Determine in which state the divorce application was filed
The request must be made in the state in which one or both parties reside. Most states require residency requirements, which require a party to have lived in a particular state for a certain period of time, usually 1-6 months, before being able to file for divorce.. You can check the residency requirements by consulting your state's family law code, by contacting a divorce or family law attorney or by calling the County Clerk office (county registry office). Additionally, it is advisable to check the Divorce Residency Requirements (in U. S. A., Divorce Residency Requirements) provided by Divorce Source.
Step 3. Identify in which county the divorce was filed
Generally, the divorce petition should be filed with the county in which one or both parties reside. However, there may be other divorce filing laws in your state, and therefore, we recommend that you consider the following tips:
- Many states have county residency requirements. For example, in Indiana one of the parties must have resided in a particular county for at least 3 months before they can file for divorce in that particular county.
- Most states allow you to file for divorce in any county, agreed upon by the parties, regardless of which county they live in.
- Divorce can technically be filed in any county, as long as the respondent does not reply that it has decided and granted the divorce in that particular county.
Step 4. Check the county or counties website to access court records
Many counties offer free access to state court records via their website or to third parties associated with the site. There are several ways to find a county court website:
- Use the State Courts directory, found on the National Center for State Court website.
- Check the Court Records Directory provided by the Court Reference.
- Guess what. State websites can be found by using the two-letter postal abbreviation and followed by ".gov". For example, the Florida website corresponds to fl.gov, while the Ohio website can be found as oh.gov.
- Use your favorite search engine and type "COUNTY, STATE Courts". For example, to find the Ohio Courts website in Madison County, search for "Madison County, Ohio Courts".
Step 5. Call or go to the County Clerk office
Divorce files are documents that go to public records. If you call or go to the County Clerk's office, therefore, you can find out if the divorce petition has been filed in that county. All you need is one of the names of the parties involved.
Step 6. Hire a professional
Whether you want to hire a lawyer to keep looking for your divorce case, or you prefer to hire a private investigator to track down your ex in order to ask him if he filed for divorce, hiring a professional is a good idea..
