QUESTION
How can I divorce my husband if I have no idea about his whereabouts?
Asked on Aug 23rd, 2013 on Divorce - Michigan
More details to this question:
I am trying to get a divorce, the only problem I am running into is that the man is gone, I have no idea where he is or how to contact him. He has been gone for over a year, and I have had no contact with him this whole time. I came home one day to find all of his belongings and him gone. I would really love for it to be as cheap as possible; I do not make much money. There are no children, property, etc. involved.
8 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In this situation there are rules which allow for the publication of the summons, but the rules must be strictly complied with. There must be evidence of attempts to locate him. You should consult with an experienced family law attorney in your area to review these rules. In a dissolution with service by publication the court can only dissolve the marriage, not award any property. It sounds as if there is no property anyway.
Answered on Aug 27th, 2013 at 10:40 AM
Accident Attorney serving Lagrangeville, NY
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Marco Caviglia, Esq.
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Your husband must be served personally with the summons for divorce. Typically, this type of situation is solved by hiring a skip tracer to locate him and then having a process server serve him there personally. If after a due diligence search is made and still no luck, if the court agrees, then it can issue alternative service methods.
Answered on Aug 26th, 2013 at 10:54 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You would only have to file notice of the pending divorce in the legal publication in your county very simple process.
Answered on Aug 24th, 2013 at 12:29 PM
Go to your local courthouse that serves family law. They probably have a self help center. You can file for divorce the you do your due diligence to find him for service. If you have no luck you can ask the court if you can serve by publication. Your set help center can explain all of that to you.
Answered on Aug 24th, 2013 at 12:28 PM
Family Law Attorney serving Thousand Oaks, CA
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Law Office of Terry A. Buchanan
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You can go to an attorney and/or self help clinic at a local courthouse to fill out the paperwork and serve your missing husband by publication.
Answered on Aug 24th, 2013 at 12:27 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Florida has a procedure that allows service of process by publication in a newspaper. In that procedure you do not need a current address or contact with him. You really need an experienced attorney to properly follow the rules if you wish to proceed that way.
Answered on Aug 24th, 2013 at 12:27 PM
You can file your papers and make good faith efforts to serve him. When you can't get him served, the court has forms to get permission to have him served by publication of the papers in a newspaper of general circulation in the city or town of his last known residence.
Answered on Aug 23rd, 2013 at 2:30 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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An option for you is to order his driving record through the Secretary of State (costs $7.00), and do a postal verification check through the post office, and then attached the responses from the Secretary of State and the post office to a Motion, wherein you request the Judge to enter an "Order for Alternate Service" to permit you to effectuate service on your husband by alternate means other than hand delivery. Another option is to hire a Private Investigator to try and locate your husband, but that can be expensive, especially if your husband moved out of state.
Answered on Aug 23rd, 2013 at 1:54 PM