2007-08-18 04:05:35 · 8 answers · asked by alesia m 1 in Family & Relationships ➔ Marriage & Divorce
In my state (Missouri), the attorney will do it for you. You can an uncontested divorce here in 31 days. Day 32 you are free.
2007-08-18 04:09:44 · answer #1 · answered by kystarlyte_kystarlight 4 · 0⤊ 0⤋
generally, the ones I've seen a done through an attorney. it states all the usual stuff, case pending against you, respond by this date to ___ lawyer, or a judgment will be ordered against you. I've only ever seen lawyers do it. I can't say it can't be done, but I've never seen anyone bypass a lawyer to get to it. talk to a clerk at the courthouse and find out. most of the time you have to prove that you can't find someone.
I was going to go that route because no one would tell me where my ex was. he knew I wanted a divorce, got the original divorce papers and then disappeared. I called his mom to ask her, and she denied knowing. so I casually said, "so you're saying that if his daughter was in the hospital, there would be no way to contact him?" she demanded to know what was wrong, and I told her nothing. she wouldn't leave it alone, so I hung up. I got the call from him five minutes later, and then I knew. lol what I'm saying is that most of the times, the lawyers do try a diligent search, and if nothing comes up, they proceed. you can't just say, "I want a divorce, so I'm gonna run an ad in the paper." it doesn't work like that where I live. contact a lawyer and he can tell you how the laws read in your state and how to go about doing it. good luck!
oh, and for bedhair14, that's the point. you don't really expect them to read it, it's just procedure. if you really thought they would read it, you wouldn't post it. that's why you look for them first.
2007-08-18 11:36:25 · answer #2 · answered by flgalinms 5 · 0⤊ 0⤋
Publication of a notice of divorce comes into play if you have already filed with the court, and the defendant cannot be served or his/her whereabouts is unknown, therefore they canot be served. Before you can ask court to give you divorce by default, they will require that you attempt to serve by alternate means. Usually you have to get court's permission to serve by alternate means, such as posting on court house steps or posting in a newspaper that is circulated in last known address location. You must at least have an idea of a last known address, or idea of where person might be residing. If posting is allowed, then it does not matter if the person reads the paper, it is fact that it was posted. Most states/ county Family Law rules will have a section that applies to default and service by posting publication and may give the exact verbage for the posting. You contact a neswpaper in circulation in area of interest, and pay cost of publication, they will place the legal notice in newspaper, and they will send you an affidavit of publication which you file with court, as proof that you have served by publication, the add runs. The time for response begins from date published, in my state, if the defendant lived out of state, he will have 60 days from date published; if local, person will have 30 days from date published. On 31 day if no response you file for default, once granted, you then get a court date and you put on evidence to support your claim and that is it.
It always helps to go sit and have a consultation with a lawyer, even if you do not intend to hire one, it will save you a lot of time and money in the end. Call bar associaion in your area to find out what types of services are available to assist you. There are services that will help "pro se" persons(people who want to represent themselves). Good luck.
2007-08-18 11:46:23 · answer #3 · answered by m1nLwr 1 · 0⤊ 0⤋
Go to the court house and fill out the appropriate papers and they will run the ad for you and you just pay for it. You do not have to have an attorney, but you do have to go through the legal system to get it done. You cannot do it yourself.
2007-08-18 11:09:56 · answer #4 · answered by Angelic Valentine 6 · 0⤊ 0⤋
It varies from state to state, but an attorney would be able to advise you where you are.
2007-08-18 11:12:17 · answer #5 · answered by Beau R 7 · 1⤊ 1⤋
Newspapers are lame. No one will read it.
2007-08-18 11:09:50 · answer #6 · answered by Anonymous · 0⤊ 1⤋
I found a few links that might help.
2007-08-18 11:11:45 · answer #7 · answered by Fixguy 5 · 0⤊ 0⤋
Try YAHOOOO I am free I am free
2007-08-18 11:21:08 · answer #8 · answered by Anonymous · 0⤊ 0⤋