She has consulted with lawyers but she has to find him first and has no clue where to start. If she can't find him she can't get divorced. He is no longer incarcerated. No family members... How can she get divorced???
2007-10-17 17:53:58 · 18 answers · asked by Adriana 1 in Family & Relationships ➔ Marriage & Divorce
file for divorce on abandonment?
2007-10-17 17:56:14 · answer #1 · answered by pwrgrlmanda 5 · 3⤊ 0⤋
Tell your friend to start first by firing those wanna be lawyers”.
Of course you can get divorce without the other person being there. In this case would be for two reasons:
He went to jail and she is now afraid of him and wants to get divorced.
And also, he disappeared, so he abandoned her. She can just file for divorce based on that. It will be approved in no time.
She can always consult with the police to see if he has a parole officer or something. But at this point, is just better to file for divorce based on abandon, and be over with it. This also gives her rights over the belongings, and since he went away and never came back, she might end up keeping everything even if he shows up later.
Tell her to find a real lawyer.
2007-10-17 18:16:40 · answer #2 · answered by Dan D 5 · 0⤊ 0⤋
It seems that your esteem has taken a toll. He knows this too. This is not attractive to him. However, your main focus right now is getting yourself to be healthy enough to function in everyday life and work. I woudn't beg him anymore. He knows how you feel. Work on you. Also, realize that half of the problem is him. I would hardly categorize you ignoring him and the other things you mentioned as verbal abuse. Maybe you haven't shown respect like you should, but that is something that can be worked on. If he wants to work with you, then that's a great thing, but if he's set on leaving, there's nothing you can do. Please realize that your life is worth much more than having a marital status. The bond you share with him is precious, but don't belittle yourself to nothing without the bond. People make mistakes, and we must do what we can to overcome them. I think forgiveness is key to a successful relationship, and if he is not willing to forgive and hold a tight grudge, then you will always feel bad no matter how much progress you've made. Your ultimate judge is God, not your husband, so try to work on you, and do some things to relax. Take a nice bath and listen to music. Get out and enjoy time with other people. You will (and hopeful he will realize) just how much you are worth. Best wishes.
2016-05-23 07:13:36 · answer #3 · answered by helga 3 · 0⤊ 0⤋
You can get a divorce. File and tell them there has been no contact for 10 years or more. call a good lawyer the one you talked to was not to smart.
2007-10-17 18:01:21 · answer #4 · answered by patches 4 · 0⤊ 0⤋
She can get divorced without locating her husband. There are provisions in the law for getting a divorce when the spouse's whereabout are unknown. She needs to find another lawyer.
2007-10-17 18:01:54 · answer #5 · answered by No Shortage 7 · 0⤊ 0⤋
Of course she can get divorced without finding him. I'm surprised a lawyer has told her that. She files papers with his last known address (before incarceration). If he doesn't respond, she can get a "no contest" divorce.
2007-10-17 17:56:52 · answer #6 · answered by smartsassysabrina 6 · 3⤊ 0⤋
She sends a notice of her intent to his last known address. She can also file and get the process started and have the paperwork sent to his last known address. She needs to submit something in writing saying that to her knowledge, this is where to reach him. If he does not respond within a certain number of days, the court will consider the divorce uncontested and give her what she wants.
2007-10-17 18:00:05 · answer #7 · answered by Nika 4 · 1⤊ 0⤋
Laws differ in every state. The best thing to do is to have your friend call the family court in her area or search the Internet to find out what the law states.
Some states require a "diligent good faith search" with sufficient documentation in order to dissolve a marriage without the other party present.
2007-10-17 18:01:10 · answer #8 · answered by The Pirate Queen 3 · 0⤊ 0⤋
Is she in the US? It sounds like she must live in another country. She needs to find a real lawyer. They have ways of tracking people who have been in prison, are in prison. And the abandonment issue is real, she can get that.
2007-10-17 18:13:51 · answer #9 · answered by booper 3 · 0⤊ 0⤋
She can get divorced with out finding him. She should try another lawyer. That one was wrong.
2007-10-17 18:01:06 · answer #10 · answered by kim h 7 · 1⤊ 0⤋
Wow if a lawyer isn't sure then you are really reaching here. Can she be sure he is still alive? If not, then petition the court to have him declared dead if at all possible or necessary.
I like what the other answers said about abandonment. It makes sense...look into it.
2007-10-17 17:58:41 · answer #11 · answered by Anonymous · 0⤊ 0⤋