Husband abandoned child and wife 2 years ago.....?

Question

After domestic dispute I called the police. My husband ran from authorities. No contact for 2 years. I want to file for divorce. I have contacted his parents and they say they know nothing of this. Yet they never ask ME where he is. They do not stay in contact with me or their grand-daughter since that incident, which tells me they do know he isn't in or lives.

How do I file for divorce in his absence or whereabouts? Legal advice is needed. I have DIY (do it yourself) papers, but it asks for last known address, employer and relative contacts? None of these have given me his whereabouts?

How can I divorce him?

Answer 1

Your petition has to say Petition For Divorce By Publication, it varies from county to county and costs about 189.00 dollars here in my city with children. compared to the smaller of he was around to serve him papers.
State respondents address is unknown to you and Respondents last known city and state are (and write the city and state). be sure that you write respondents full name the way it is in your marriage certificate and in your petition be sure you ask for child support but do not ask for visitation. let him take you to court if he needs that. or get an order stating no visitation.
also for the grounds do not pick abandoment. Pick insupportablilty and then just state to the judge how you 2 are different and you can tell the judge that he left you. Also you are the PETITIONER for your name you should write your marriage name if you have changed it, and if you want your maiden name ask for it in your petition, thats the only chance you will get , later on you will not have that opportunity. since it will mess up the childs life in school records so do it when you divorce if thats what you want. Since he is not around the judge will approve it. he then has 1 year in which to appeal it or contest it. unlike the other way around he would only have 30 days. before you file this print it in your local free newspaper. if your city does not have one then print it on your local newspaper, the section that states legal. You print you name and his name and state you have filed for divorce and give the cause number and the date of the hearing and where you can be contacted your mailing address and phone number. be sure you write your daughters name too on this newspaper. Then if he does not answer you before the court date. You are set and if he shows up then whatever he states object since he did not file in time an answer. Then do not write to his parents about this, nor look for him 1 year, remember he has 1 year in which to apeal. so remain cool for 1 year, after 1 year that child support will acumulate then go after him legally for that support. Oh after you file and write it in the paper, then in my city it is 60 days, then wait for 61 days and get your court date you can entitle it the same style and cause number as your petition but for your heading FIAT . then write TO THE HONORABLE JUDGE now comes petitioner asking for this cause to be heard onand leave it blank they will fill it the district clerk .. oh do not forget your PRAYER you attach that to your petition for divorce, okay.
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Answer 2

In the papers where it asks for his last known address put your address because it was last known. and employer and so forth just fill it out the best you can put his parents for relative contacts. Then when given a court date sometime before the court date when you have to go in place a ad in the local news paper and if his parents live somewhere different then you put a ad in their local paper also and run it for 3 to days and put in there you have filed for divorce and the court date is such and such and he has a option to come and plead his case in court on that date and then when the date comes bring in copies of ads ran with dates that they were ran and maybe even the receipt showing how long it was gonna run for and show all that to the judge and hopefully judge will grant a divorce to you with full custody of child because he was no show and has not been in contact for 2 years with u or child and will also set child support or a court date for child support and go from there. If he does not show for any of that I would then go for him signing off all rights to child and then someday when you find someone who u love and loves u and your child the same and get remarried that person can legally adopt that child. Good Luck and God Bless but to verify I don't know what state your in so all states are different with family laws and I do know tha wisconsin laws suck but you can go to local court house and ask some of your questions there or read in the law library and get answers there too.

Answer 3

If you cannot physically have him served with the divorce papers (and, of course, you can't since you don't know where he is), you can take out an ad in the classified section of the newspaper in the town where his last known address is located.

Once that's done, you can begin the court proceedings - if he fails to show up, so much the better for you (since the judge will only hear your side of the story)

Here in New York (the last state in America which does NOT have no fault divorce) you still have to have "grounds" for divorce, and ABANDONMENT is one of those grounds...

This dude certainly abandoned you, and his failure to even show up for court would further prove your case

Answer 4

I am a second wife.. my husband has 2 kids with a VERY irrational woman (read my other questions for details) I am not saying I am always happy with the situation, but the huge difference is that my husband is "on my side"(for lack of better words), I come before his ex, the kids from his first marriage live with us, and are not always happy with me.. sometimes they are down right mean.. I also have kids from my 1st marriage, they were 12 and 11 when I got with my current husband, they hated him.. with a passion.. We worked with them.. as a team.. and even though they hated him they were not allowed to be disrespectful. Seems the difference is that you feel your husband is still, on some level, having a relationship with his ex.. you are not being put first and your thoughts and feelings are being thrown off as unreasonable.. which is all VERY disrespectful.. I am not saying that he should tell his grown kids not to come around.. but he can put his foot down and say "this is MY wife, I love her and I WILL NOT let you treat her this way".. they are adults they can be civil humans I am sure.. there is just expectations for them to do so.. He is your husband and wanting/needing him to stand by you and defend you is not unreasonable.. explain this to him.. if he isnt there to defend you and stand up for you and most important make you a priority in his life.. then you might have to re-evaluate your life.. and marriage..

Answer 5

I think you need to speak with a lawyer. Unless there is an experienced divorce lawyer on TA right now, all you will get is advice.

If you do want to DIY, file the papers and let the court decide what to do.

Answer 6

The infamous Vinnie is correct... I have 2 Aunts that have successfully divorced this way, but yes do consult a lawyer on exactly what needs to be stated in the paper to insure you are not connected with any of your soon to be exhusbands debts.

I will ask my Aunt tomorrow about more details..and get back with more information.

Answer 7

If you dont know of his whereabouts but do know where he works put that down. If not send it to his mothers address i did with mine. You should go have a word with your solicitor and they should advise you on this one or even fone your CAB office up they will also help. Hope everything goes ok hun x

Answer 8

Well Damn we should hook up////////// My wife did the same .. ( prob with your old man ). I nailed he *** as she abandoned her children and our divorce was granted in COURT..... I have beautiful children . of coarse they are grown 18 the youngest but we had it ought . If you want to know how to do this call E-mail or what ever ......... It cost me 20-000 to fix my prob . bu there is only about 200.00 worth of work I can help if ... THAT IS WHAT >>> YOU> WANT . Good luck

Answer 9

There are ways.....Find out from your local library....or court house....someone should know.....You know his parents know where he is.....What an ***!
You coould probally find out on the net. Look up divorce stuff for your state

Answer 10

just publish it in the newspaper in the legal section, i think it has to appear 3 times, good luck,