My husband after 18yrs. disappeared almost 3yrs. ago ,and I have no idea where he is? Is there a way to get a divorce from him if I cannot serve him with papers?
2006-12-18 11:03:49 · 9 answers · asked by Little Tree 2 in Family & Relationships ➔ Marriage & Divorce
You can file for whats called amissing spouse divorce like yours. Instead of serving papers on him if he cant be found. it is usually posted with all pertinent info in the papers for a short time with date and time of court date. It is usually awarded as default by missing spouse on grounds of abandonment. Sorry , good luck and Merry Christmas
2006-12-18 11:13:26 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
If he is alive and working anywhere int he United States he has to be using a Social Security number. If he didn't get a new number (very hard to do) he could be tracked down pretty easily (especially if he left you with minor children - the deadbeat dad laws are TOUGH) But if all you really want is OUT of the marriage so you can get on with your life, you can certainly do that without him being present or giving consent. Any lawyer will give you a free price quote, and it shouldn't be much over two hundred dollars, depending on what part of the country you live in. If you can't afford that, definitely look uo Legal Aid in the yellow pages of your phone book. There are even some lawyers who do "pro bono" (free) work for people who can't afford legal advice. All that is the upside. The down side is that, again depending on where you live, the process may take a while, up to a year. Once the proceedings have started, if he should just "happen" to show up, no matter how pitiful his story may be, do NOT let him spend even one night in your house. That's considered "forgiveness" even if you don't sleep with him, and nulls your divorce petition.
2006-12-18 19:16:48 · answer #2 · answered by nana 3 · 0⤊ 0⤋
Yes l'm sure you could divorce without any papers being served. It would be on the grounds of desertion. It is really hard to believe that after 18 yrs of marriage that someone would just up and leave like that with no contact. I hope he is ok ?? Best of luck to you in the future.
2006-12-18 19:12:27 · answer #3 · answered by kazzadanni 4 · 0⤊ 0⤋
See an attorney for this. You will have to file a petition for dissolution just like you normally would. After the filing, I've heard that you will have to publish a public notice in a newspaper of his last know city. It will need to run for 30 days. Then you can file for a default.
Best to leave this one to a professional to make sure that it gets done right.
2006-12-18 19:14:17 · answer #4 · answered by Royalhinney 7 · 0⤊ 0⤋
dissappeared ... after 18 years of marriage???? wow...what a putz !! Look in the yellow pages (not under attorney) but under legal aid. Call the number, not only will they give you the answer you are looking for, but they will help you get it done !
2006-12-18 19:07:25 · answer #5 · answered by shasta 5 · 0⤊ 0⤋
In New York , there is a clause for abandonment. Get a lawyer.
2006-12-18 21:29:09 · answer #6 · answered by A M 3 · 0⤊ 0⤋
Yes mam,,, just see an attorney and they will take care of it for you.
2006-12-18 19:05:50 · answer #7 · answered by yeller 6 · 0⤊ 0⤋
yes just go to a lawyer
2006-12-18 19:09:18 · answer #8 · answered by karina 2 · 0⤊ 0⤋
No problem..
You do not need him to divorce him..
2006-12-18 19:06:11 · answer #9 · answered by Anonymous · 0⤊ 1⤋