QUESTION
How can I divorce my husband if we live in different states?
Asked on Mar 16th, 2014 on Divorce - Michigan
More details to this question:
I haven't heard from him in about 4 years. We have two children together. I don't know where he lives or any contact information. Can I get a divorce without including the children in it? I want full custody. I have had them with me for about 9 years. He hasn't seen them since I moved. I don't know what to do at this point.
8 ANSWERS
Taxation Attorney serving Charleston, WV
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C. Page Hamrick III
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FOR WEST VIRGINIA ONLY: You can obtain a divorce in West Virginia by service by notice of publication, however, that does not necessarily adjudicate questions relating to children or marital property. You need the advice of an attorney.
Answered on Mar 19th, 2014 at 10:08 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, then you can get a divorce. You need to consult with an attorney as the process can be complicated and a good faith effort to locate your Husband would also have to be undertaken in order to attempt to find and serve him.
Answered on Mar 18th, 2014 at 1:59 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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First, yes you can get divorced. You will have to make a legitimate attempt to find him. This may require you to hire a detective agency. If that comes up short, then you may be able to serve him by publication. Yes the children will have to be involved. But given his lack of interest, I doubt that there will be any contest to your having 100% sole legal and physical custody. This will actually be in your benefit if he ever shows his face again. I suggest you get a local family law attorney if for no other reason than to take care of the service part of the case. And I suppose there is the possibility that he died and you just don't know it. So you may want to find out if he is alive first.
Answered on Mar 18th, 2014 at 1:59 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You have to include the children if they are minors. You can file the divorce in the state in which you live and get the court's permission to serve by publication.
Answered on Mar 18th, 2014 at 1:58 PM
File papers where you live and have him served where he lives. If you can't find him there are procedures for allowing you to serve him by publication in a newspaper of general circulation in the town of his last known residence. You will need the help of a lawyer or paralegal to get this part accomplished.
Answered on Mar 18th, 2014 at 12:48 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File a divorce in the state where the children live. File a contested action, use Service of Process by Publication rules. Procedure is complicated and you probably need an attorney. Kids must be included in the process.
Answered on Mar 18th, 2014 at 11:35 AM
Living in a different State should not be a problem. Just file the divorce within the State of your residence and have him served with the papers where ever he lives or works. For proper procedure, check with your local Marshal or Sheriff.
Answered on Mar 18th, 2014 at 9:30 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, custody will have to be ruled upon but should be in your favor under the circumstances.
Answered on Mar 18th, 2014 at 4:50 AM