I need a divorce from someone i married 15 years ago . we were only married for 1 year when we called it quits, now he has disappeared and i can't find him.. now i want to get remarried, is it ok to do so if not what do i do?
2006-11-30 10:31:51 · 15 answers · asked by ladytee 4 in Family & Relationships ➔ Marriage & Divorce
is it ok to say he's dead and go marry my man?
2006-11-30 10:36:42 · update #1
Get an attorney to file abandonment papers.
2006-11-30 10:34:02 · answer #1 · answered by ob10830 2 · 2⤊ 0⤋
You need to talk to a lawyer. You must officially get divorced. If you remarry without that it is Bigamy and is illegal. And you wouldn't really be married to your new husband. That's not how anyone would want to start a new marriage, with lies and deceit.
Link provided for quote. (I didn't know your state so I just picked one.)
"What happens if the respondent spouse cannot be found or evades service of process?
If the respondent cannot be found, sometimes "substituted service" will be sufficient to allow the court to act on the status of the parties and enter certain divorce judgments. "Due process" requires lawful service on the respondent before his or her custody, support and property rights can be adjudicated."
2006-11-30 10:53:25 · answer #2 · answered by Poppet 7 · 0⤊ 0⤋
My mom went through the same thing when she met my dad. She got a lawyer and he filed papers and then ran an ad in the newspaper in the last city he was seen in for I think it was 90 days or so then the judge made it final. Now this was 25 years ago so I dont know if there are different rules now or not. Hope this helps.
2006-11-30 10:36:51 · answer #3 · answered by betty boop 5 · 0⤊ 0⤋
no its not okay to say hes dead, but i know a way you can do it if you want to get it done quicker you can mail all the divorce papers to a last known address (where you know he used to live, but does not live anymore) and then he wont know and he wont show up to court and the marriage is granted by default. i know someone who did this and the divorce was finalized in 6 months from the court date with no problems. make sure its not an address where mail would be forwarded. preferably two address ago if you can find them. might cost you like 50 dollars to get a history on him through the internet.
2006-11-30 13:58:39 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You can go to a lawer tell the lawer you don't know where he is the lawer can run it in the news paper for 30 days if he does not respond in the 30 days. You and your lawer will go in front of the judge and you will be granted the divorce with out him being there. Go see a lawer and ask him about this.
2006-11-30 10:43:59 · answer #5 · answered by Babie 3 · 0⤊ 0⤋
Get an attorney, notify your plans to divorce by publication in the last known area he lived. If no response the judge usually will grant your divorce. Takes time, but any other way would be illegal.
2006-11-30 10:35:14 · answer #6 · answered by Hatem 2 · 1⤊ 0⤋
Maybe you could seek an annulment.
Or try one of those people-finder websites. Do you have his SS number? His work record could lead you to him.
DO NOT get married until this matter is taken care of--your new marriage will NOT be legal, and you could get in big trouble for bigamy.
2006-11-30 10:36:13 · answer #7 · answered by Anonymous · 1⤊ 0⤋
No, you can't say he is dead! You will be commiting bigamy if he is still alive, I suggest you hire someone to find him, or maybe you can find him through the internet? Start with Zaba
2006-11-30 10:42:08 · answer #8 · answered by Gerry 7 · 1⤊ 0⤋
you need to go down to the court and file for divorce and tell the Clark what happen and ask her for any suggestion on how to handle this.
2006-11-30 10:37:23 · answer #9 · answered by little_bear 3 · 0⤊ 0⤋
you have to file abandonment papers any attorney worth his weight can do it for you and you should be okay. but wait until the abdonment papers and stuff is complete and then go for it . good luck and god bless and happy holidays.
2006-11-30 11:48:13 · answer #10 · answered by Kate T. 7 · 0⤊ 0⤋