How can you get divorced when the other party is nowhere to be found. I have looked the person up on several web sites, in the white pages....etc. My friend desperatly needs a divorce from her. Even her sisters and mom are left in the dark. She is a flighty person, can never be in one place for too long. Any suggestions?
2006-09-21 09:03:26 · 15 answers · asked by mcnees79 3 in Politics & Government ➔ Law & Ethics
No, they have no children together, but she has had one since they split.
2006-09-21 09:09:56 · update #1
Yes, I'm sure he wants a divorce. He can just be a little procrastinating sometimes. They have been seperated for 6 years and haven't seen each other in about 5. Pretty sure he's not carrying that torch!
2006-09-21 09:52:38 · update #2
The missing person must be served by publication. The court's permission must be sought in order to serve publication. Once obtained, service is published in a local newspaper for 4 weeks. Once completed, you submit a request for default judgment and the divorce gets granted.
Contact me through this service if you'd like some guidance.
2006-09-21 12:00:37 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Search the terms "default divorce" on google for general info. Then try findlaw.com. Then look for your state's laws by searching - for example "Idaho default divorce". This will give you a good idea of what is entailed in giving notice to the spouse, and how long it will take if she doesn't appear. You could go into more detail and get copies of pleadings and documents to fill out, but at this point, I recommend a lawyer. It won't cost that much,and your friend will have the assurance that the notice was proper and that the divorce valid and cannot be challenged.
2006-09-21 16:06:03 · answer #2 · answered by TxSup 5 · 1⤊ 0⤋
I think you will have to consult an attorney in your state. Laws vary from state to state. As far as I know you can get a divorce from someone who can't be located, by their not answering a letter served at their last known address.
You may find the current address by just filling out an envelope with the last known address and your return address. Be sure to write on the envelope "Address Correction Requested". The envelope may come back with the corrected address.
2006-09-21 16:11:09 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Get a lawyer and explain to the lawyer that it is a case of abandonment. This will start a clock ticking down if the one who left does not reply to the court by a certain date they lose their rights and the divorce is granted by the judge in absentia. Least, thats how it works in Minnesota.
2006-09-21 16:06:05 · answer #4 · answered by Uncle Tim 6 · 1⤊ 0⤋
Get a lawyer - it's a complicated process. I hope you've kept track of all the efforts you've made - they'll come in handy.
REAL trouble is if she's in the Military. Tough business getting divorced then.
You'll probably wind up "publishing" in newspapers in the Cities you last knew her to be - then it will become a "default." I trust (hope) there are no children involved.
2006-09-21 16:08:19 · answer #5 · answered by 34th B.G. - USAAF 7 · 2⤊ 0⤋
Why doesn't he ask a local lawyer. Every state has procedures for obtaining a divorce from a missing spouse. It usually involves filing affidavits & publishing notice. No big deal.
Are you sure he wants to get a divorce? A lot of men use this excuse to avoid getting re-married.
2006-09-21 16:44:22 · answer #6 · answered by Anonymous · 0⤊ 1⤋
you place a ad in the newspaper in the city that the person was last known to be residing in for 90 day, the law says that you make a reasonable attempt to locate this person for divorcing. go to your court clerk and they will give you information, paperwork that you need, follow their direction, and then you can file for divorce.
2006-09-21 16:07:03 · answer #7 · answered by churchonthewayseniors 6 · 2⤊ 0⤋
It is different in every state, the spouse may not need to be present, but does need to be informed of the case date and times, by sherriff or certified mail.
2006-09-21 16:10:49 · answer #8 · answered by Anonymous · 1⤊ 0⤋
try http://www.zabasearch.com
also if he puts an ad in the paper declaring divorce I think as long as it goes uncontested he can get the divorce, call they local newspaper in your area OR call an attorney to find out
2006-09-21 16:22:19 · answer #9 · answered by Anonymous · 1⤊ 0⤋
It is not hard to Divorce some one with out them being there, just run it in a few papers,
2006-09-21 16:06:08 · answer #10 · answered by kritikos43 5 · 1⤊ 1⤋