QUESTION

How can I file for divorce when my spouse has been deported to Nicaragua?

Asked on Dec 11th, 2013 on Divorce - California
More details to this question:
We were married in Pennsylvania and he has been deported to Nicaragua. We have been separated for 2 yrs prior to the deportation. I am with someone else and wish to get a divorce. This is a mutual divorce as he also wishes to file for divorce. He agrees to me having sole custody of our children. How can I go about filing for this divorce?
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5 ANSWERS

Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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This will be easier if you have an attorney..File a divorce action in the county where you currently reside.if your ex is out of the country have him accept service and waive service..
Answered on Dec 13th, 2013 at 3:49 PM

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You file in the state where you now live. You can serve him by mail, and have him sign a Notice and Acknowledgment of Receipt of the Summons and Petition. You can get the divorce without him being in the country.
Answered on Dec 12th, 2013 at 6:43 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Simple, you file, get him served in Nicaragua and, if he doesn't' answer, you file for a default judgment.
Answered on Dec 12th, 2013 at 6:42 PM

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In California, if you and your spouse are in agreement, you can file for the Dissolution and serve him by mail (he will have to send you back and Acknowledgement of Receipt). Then you can each do your required Disclosures, and finally, you can prepare your Stipulated Judgment, have him sign it and file it with the court. Otherwise, once he is served, you would also go forward with a Default Judgment (assuming he doesn't file a Response and doesn't want to be involved in the case).
Answered on Dec 12th, 2013 at 6:34 PM

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If everyone agrees, then do it by Mediation. Mediation is Fast, Effective and Affordable. You can mail all the forms, and a Marital Settlement Agreement, to him for signature and then file them with the Court. Good luck.
Answered on Dec 12th, 2013 at 6:34 PM

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