been seperated for over 3 years, time to put an end to it. Have only been able to contact him through e-mail... he will not tell me where he is and last i read on his blog he is planning on getting re-married. How is this possible? could he have divorced me and me not know it?
2006-07-27 17:06:35 · 11 answers · asked by angel 1 in Family & Relationships ➔ Marriage & Divorce
how will it effect custody of the children involved. will there be any custody set ?
2006-07-27 17:19:08 · update #1
What you need to do is file an "ex parte" application with the family court. You don't need a lawyer for this.
Once you complete the application, you need to cite your reasons for anulling the marriage as "irreconcilable differences" and "en absentia 3rd party". You'll be required to serve your former partner with documents, allowing him to contest your application. If you do not know where he is, have the documents served at his last known address. Under the Notice Of Service Act 1988, this is considered legal & valid service.
You'll be given a court date, he will fail to appear, and the judge will grant you a "decre nisi" which is effective for 30 days. If there are no further applications/objections filed, a "decree absolut" will be mailed to you, and it's all over.
Good luck.
2006-07-27 17:13:55 · answer #1 · answered by cat_the_aussie 2 · 0⤊ 0⤋
At the assistance of an attorney or your County's Legal Aid Assistance Office, you can do a "Divorce by Publication". If you file the papers yourself, without the assistance of an attorney, it will be considerable cheaper. This is an ad placed in the Notices section of the local newspaper of your spouses last known address. It will run for about 3-6 months. If no response, you will be granted a divorce by your County's Probate Judge. This is a simple and cost efficient method.
If you email me the State and County you married in, I can probably pull the forms up for you on the internet, and send them to you in an email.
2006-07-28 08:41:13 · answer #2 · answered by Brighteyes9541 2 · 0⤊ 0⤋
Yes, it is possible for him to divorce you and you not know. All you have to do to divorce a person quickly is put it in the newspaper and the other party has 30 days to respond. That is very legal; however, I am not sure of the ppwk involved after the 30 day period.
2006-07-28 00:12:44 · answer #3 · answered by Queen Diva 1 · 0⤊ 0⤋
If the dude remarries without providing evidence of a divorce from you, he's breaking the law. No, he can't have gotten a divorce without you knowing. That's the law. If he refuses to divulge his whereabouts, that's called "abandonment" and you get a lawyer and file for divorce based on the abandonment. The lawyer will find him, never fear. And the lawyer will make your soon-to-be ex pay all your expenses! Jeez, that is one low dude - you're going to be far better off free of him!
2006-07-28 00:13:45 · answer #4 · answered by Anonymous · 0⤊ 0⤋
he sure could have all you have to do is put it in the classifieds in your local paper that is legal binding divorce ! law is if you cannot find an estranged spouse and you are looking to divorce you put it in the paper and say that you are looking for blah blah blah and they have so many days to contest a divorce if you don't read the court part of the paper you don't know that a petition for a divorce has been put out for you .
2006-07-28 00:14:03 · answer #5 · answered by ? 3 · 0⤊ 0⤋
well he couldn't get married if you are not yet divorce... maybe if he is really planning to re-marry then he is also preparing for the divorce papers... a divorce papers is unofficial if you haven't afix your signature yet... there is ona way you can trace him if you know his social security number then try asking someone from the social security agencyto trace that number cause if he is using it most probably the name of the employer is indicated in agency file thru that you could trace your husband
2006-07-28 00:12:20 · answer #6 · answered by rudolph d 2 · 0⤊ 0⤋
Nope, you would have known it. what you need to do is go ahead and contact that attorney and let them post in in the newspaper, it's called "the long arm of the law", it doesn't matter where he lives. they will use his last known address and some places will check drivers license to locate these people. i know that it sounds wierd, posting it in the newspaper but that's what they do. unless that this is what he did to you and had it done that way, then yeah, you might not have gotten the news, but your attorney will know what to do.
good luck!
2006-07-28 00:10:54 · answer #7 · answered by Tracey E 3 · 0⤊ 0⤋
Get an attorney. They will advertise for him for a certain amount of time - if he does not respond, then your divorce will be granted by a judge.
2006-07-28 00:10:27 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You two have been apart for three years , this is a no brainier. Divorce him on grounds of ESTRANGEMENT, this comes into play if you two have been apart longer then you two were together.
2006-07-28 00:21:32 · answer #9 · answered by TWINKLES 4 · 0⤊ 0⤋
file with the reason as abandonment, the lawyers can deal with tracking him down if they need to.
2006-07-28 00:10:34 · answer #10 · answered by serenitynow 3 · 0⤊ 0⤋