My ex lives in another state. We have not seen each other in over 5 years. How do I file for divorce?

Question

How do i file for divorce and which state? His or mine?

Answer 1

You could run an ad in the paper (His & yours) divorce him that way,but he wouldn't be served any papers. He could have already done the same. If he runs an ad, you wouldn't know either! You can go to the Family Court division where he lives & check to see if he has filed for one & ask for a copy which has been notarized and stamped with a seal,if he did. It will cost you about $10 but it is an important document which you will want to own. If he hasn't,then you can file for one where you live. Either way,check with an attorney in your county,or Legal Aide. Hope this has helped. I've been there & done that. We hadn't seen each other for 6yrs & had no kids together.

Answer 2

In some stated you can run an add in the legal section of the newspaper and if your spouse does not respond to it then the judge will grant you a divorce on the grounds of abandonment. You have to run the add in the town that the spouse lives in. There are other ways as well. You can always schedule a free consultation with a lawyer and he will give you some advice on what you can do. I am assuming after 5 years it should be a cut and dry uncontested divorce w/no assets or marital property so you could probably find out all u need to do during the free consultation. Good luck!

Answer 3

The answer to this question is going to depend upon the state in which you live, so you are really going to need to consult with a local attorney or legal services organization in order to understand your rights.

All of the US states now recognize at least some form of "no fault" divorce, which simply means that the courts are not interested in who is "responsible" for the marital breakup.

In the older, pre-no-fault days, "abandonment" was one of several accepted grounds for divorce, but today, in almost all states, abandonment would not be something that you would even bother to allege in a divorce proceeding.

However - that having been said - abandonment is germane (but again, only in some states) to disputes involving child custody, unequal division of marital property, etc. In these types of situations, parties to a divorce might allege fault so that the "innocent" party could request preferential treatment from the court as a form of equity.

It is not clear from your question what specific grievances you might have against your "ex". If you're simply asking whether his abandonment provides sufficient grounds for you to sue him for divorce, you don't need to allege any grounds at all. Your divorce petition will simply claim that there are irreconcilable differences leading to an irremediable breakdown of the marriage. Assuming that he doesn't contest this allegation (and his 5-year absence would seem to make that a long shot), the judge will grant your petition, and declare your marriage legally concluded.

Answer 4

You might be able to take an add out in the paper. I dont know for sure how it would work for you because I dont know where you live and where he lives and how the laws work in those states but I went thru a divorce a year ago and I wasnt sure my ex husband was going to sign the papers or show up for court. My lawyer told me that we could place a legal notice of some type ,in a public news paper,stating that we had this divorce business to tend to and if he didnt respond in so many days, I think a month, then we could proceed without his involvement.
If you dont have a lawyer, you should be able to place the add yourself. I had one,so of course those blood suckers want every dime they can suck from your pocket, so he said he would have to do it for me but if I hadnt gotten him , I could have just done it myself.

Answer 5

Your best bet, which will save you a huge headache down the road, is to find a divorce lawyer. They will know exactly what to file and the laws between the different states. This way you can keep it civil, legal and concise.

Answer 6

Most states you have to be a resident for at least 6 months before filing for divorce.... but you will need his address in order to file. Good luck

Answer 7

file for divorce in the state which the liscence was issued. It doesn't matter where your residence is. Consult a lawyer like yesterday.

Answer 8

If u havent had any contact at all... meaning u dont even know how u would begin to find them.... I thought u could go to the courts and start the div decree, and they dont need to be there. I think another answer said something about abandonment.... I think thats what u wouild have to classify it as. All in all, best thing to do is defintiely just call/go up to the court and see what they would advise. I didnt think the other had to BE there to ge things going. The courts would find them to notify them I would think.

Answer 9

See a lawyer in your state & the divorce papers will be sent to him by certified mail. (that way, he has to sign for them & can't say he/she never received them. You'll get the card back showing he signed for the papers) You'll need to put a notice in the paper, stating your name, & stating that as of a certain date, you are not responsible for hi/her debts. It will run three days in your local paper. Keep a copy of it for future reference.

Answer 10

I think you file in your state.
call your local courthouse and ask them
if your just dissolving the marrage and there isnt too much involved - you can do it yourself.
Ask your local courthouse - they may have a "divorce packet" that you can pick up.
You do it on the grounds og abandonment since it has been 5 years