refuses to divorce but runs off and is know where to be found? I know a girl who's husband isn't signing divorce papers and has just run off and left his wife and 5 kids just so he doesn't have to pay child support. He is know where to be found. Isn't there some type of law that against this? This girl lives in Michigan and I really want to help her out. Any suggestions would be greatly appreciated.
Thanks!
2007-07-26 03:18:16 · 6 answers · asked by soonerfan0808 2 in Family & Relationships ➔ Marriage & Divorce
I used to live in Michigan as well and i know she has two options.
The first option is she can claim her husband abandoned her and she can get a divorce.
Or
She can declare him legally dead and claim, as surviving spouse, any property he has left in her posession. Example thier house, any cars he left, any personal items, jewlery, monies in joint accounts, etc etc etc.
For either she will need to see an attorney. I suggest calling the Legal Aid society and ask for a referral of a family attorney.
In a manner of speaking, although there were no children involved on my end, I went through the same thing. My first wife left me one day and was never seen or heard from after that. I consulted an attorney and he suggested that I declare her legally dead, because we had some joint real estate in Grayling Michigan. I made out like a bandit with that. I know this is a small consolation for your freind, but it may be worth it in the long run.
2007-07-26 03:30:43 · answer #1 · answered by mikeae 6 · 3⤊ 0⤋
Yep, she can go before a judge and if hubby doesn't show up for court the judge can sign the papers so she will be free and he will have to end up paying child support anyway.
2007-07-26 03:22:31 · answer #2 · answered by Anonymous · 1⤊ 0⤋
yeap, im goin through that right now. she can file under abandonment and neglect. tell her to go to her local supreme court and pick up a divorce packet. make sure she asks for the "poor persons affidavit" the court can wave their fees if she has income problems like im having. after filing, and he cant be found, the courts will dissolve the marriage for her. good luck to your friend
2007-07-26 04:06:04 · answer #3 · answered by Green eyed Tlingit 5 · 1⤊ 0⤋
They don't have to divorce for him to pay child support, just prove he is not in the home.
Yes, she can win a divorce if he doesn't show up to court.
2007-07-26 03:24:23 · answer #4 · answered by Anonymous · 1⤊ 0⤋
yes, she can win by default. so long as she has proof of service ( serving him divorce papers) if he does not show she will win whatever she asks for by default. if he will not sanwer the door or whatever to get proof of service she just has to send it certified mail to his last known address AND publish in a newspaper for a specified amount of time. i recommend your freind talks to a lawyer for specifics.
2007-07-26 03:22:34 · answer #5 · answered by Anonymous · 2⤊ 0⤋
lilmiss seems to have the answer. Go for it!..
2007-07-27 14:24:02 · answer #6 · answered by Anonymous · 1⤊ 0⤋