I have been seprated for 7 years and have no idea where he is and cannot trace him. Where would papers be served if I cant find him. Please help.
2007-03-10 08:09:41 · 20 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Absolutely YES you can divorce him if you do not know where
he is or if he does not agree, sign or approve...
Call your local clerk of court and ask for the procedure when
you do not know his location...
2007-03-10 08:41:26 · answer #1 · answered by Anonymous · 0⤊ 0⤋
hope this helps
Assuming you’ve been married for longer than a year, either you or your spouse can start the legal process of divorce by filing a petition with the court. It has to show that the marriage has irretrievably broken down in one of five ways, which are:
Adultery
Behaviour which the other spouse finds unreasonable
Two years’ separation and both spouses agree to divorce
Five years’ separation without agreement
Desertion
Around 75% of divorces are based on adultery and unreasonable behaviour as these are the two routes that don’t require you to be separated for two years or more.
Only minimal details need to be given in the petition as long as there is sufficient information to satisfy the judge that you are entitled to a divorce. If the cause of the marriage breakdown is adultery, for example, it is no longer necessary in most courts to name the co-respondent (the “other” man or woman) and, some say, it’s better not to. Solicitors can advise what is necessary depending on your circumstances.
The petitioner also indicates at this stage whether there will be an application for ancillary relief (financial orders from the court). Importantly, the petitioner must also complete a statement of arrangements for any children, which ideally should be agreed in advance with the other spouse.
2007-03-10 16:22:44 · answer #2 · answered by ♥♥™Tia™♥♥ 6 · 0⤊ 0⤋
Most states require you post notice (usually three times in a month) of the divorce in the legal notices of the newspaper with the largest circulation in the city he was last known to reside. You file with your divorce papers a copy of the posted notice and the receipt stating the dates of the postings as notice of service.
Google the "Superior Court Rules" for the county you will be filing in. Your attorney should handle this or check out the link below as an example of self filing that may be similarly offered where you reside.
2007-03-10 16:37:48 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You can divorce on the basis of desertion. In some cases, you may be required to make a public announcement for a certain period of time, but if you haven't seen nor heard of him in over a decade, I'm sure you wont have a problem. The divorce would be automatically granted and would not require the consent of your ex.
2007-03-10 16:24:51 · answer #4 · answered by fracksfreak911 2 · 0⤊ 0⤋
Many factors there , the country , location , law , well , some countries grant necessary , divorce after 5 years , so you have to file for it , you might as well use a lawyer , the argument won't be too hard to find , just need to go to the right place to do it , if you're in the USA , you might need proof of your - legal- separation .
2007-03-10 16:15:21 · answer #5 · answered by robertman30s 4 · 0⤊ 0⤋
The simple answer is YES. Desertion is enough grounds for Divorce. Papers need to be posted to Last Known Address.
2007-03-10 16:31:41 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I would think you could file for divorce .Most likely it would be handled by the lawyer putting an ad in a newspaper in the last place he was known to live. It usually starts off by saying
(what ever his legal name is) you are being sued for divorce.
It will give a date for him to appear in court and if he does not it will be an uncontested divorce.
To save on legal fees you could contact any family or friends you know of to see if you could an address or phone number.
2007-03-10 16:23:27 · answer #7 · answered by Cinna 7 · 0⤊ 0⤋
In the US years ago, my military brother could not locate his wife and was required to run some sort of statement ad in the daily paper for a certain period of time.He got his divorce that way. She ran off with his child while he was at war.~~~Jill
2007-03-10 16:20:31 · answer #8 · answered by Jill ❤'s U.S.A 7 · 0⤊ 0⤋
contact a solicitor for advice. i do believe there is a time limit for a missing person to be legally divorced but i think now days you may have to prove you have looked for him as a missing person for this to be legal. c a b or a solicitor Will be able to help you. if you are on benefits or a low wage you should be eligible for help. very often the first half hour is free.
2007-03-10 16:17:08 · answer #9 · answered by fushia 5 · 0⤊ 0⤋
Yes u can but u will need 2 ask CAB or go 2 see a solicitor they can give u advice
2007-03-11 13:36:01 · answer #10 · answered by shyness 1 · 0⤊ 0⤋