QUESTION
How do I get a divorce from someone who has been deported?
Asked on Aug 02nd, 2011 on Divorce - New Jersey
More details to this question:
How do I get a divorce from some one who has been deported?
16 ANSWERS
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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File for a divorce. After you file, the other party must be served. If they cannot be located, then you can petition the court for service by publication. From that point, you can publish the summons and proceed by default if the other party does not respond.
Answered on Aug 05th, 2011 at 7:08 AM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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You start by filing a petition for dissolution and have your spouse served.
Answered on Aug 05th, 2011 at 5:44 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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There are ways, but you will need a domestic relations attorney to assist you.
Answered on Aug 03rd, 2011 at 12:15 PM
Patricia C. Van Haren
You may file for a divorce in the county where you reside. If you do not have an address for your spouse, you may request that they be served by publication.
Answered on Aug 03rd, 2011 at 11:20 AM
You can serve someone by publication.
Answered on Aug 03rd, 2011 at 8:47 AM
This response does not establish an attorney-client relationship nor is it an acceptable substitute for seeking legal advice.
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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Under Washington law the main complication will probably be getting that person served with the initial divorce documents. If you still know where they are, you should be able to arrange service there. If you are not able to locate them, you should be able to get the court's permission to serve them either by publication or by mailing to their last know address. Consult with an attorney in your area for more information.
Answered on Aug 03rd, 2011 at 8:47 AM
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You can get him to sign and mail in papers or, if you cannot locate him, you can serve him by publication. Service by publication can be complicated. I suggest you consult a local Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answered on Aug 03rd, 2011 at 8:43 AM
Glen Edward Ashman
That depends on what country they are in and whether you can get them to cooperate. Some countries are signatories to the Hague Convention and unless the other party signs you may have to serve the person under the laws of that country. In some countries that is extremely difficult and expensive. If the party cannot be found, depending on the country, you may be able to serve by publication or may face other hurdles. Again, it will be easiest if they sign. Discuss this with your lawyer.
Answered on Aug 03rd, 2011 at 8:31 AM
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The court where you are domiciled will still have jurisdiction over your status. You may file for divorce in Louisiana and have an attorney ad hoc appointed to represent your spouse's interest by trying to get notice to them wherever they are now located. While you can obtain a divorce, jurisdiction for support and other matters incidental to the divorce may be more difficult.
Answered on Aug 03rd, 2011 at 8:19 AM
First, you're going to have to make an effort to locate the other party and personally serve him or her. If that proves to be impossible, and you convince the court of that, then, you can ask the court for an order authorizing you to serve by publication. You have the summons published pursuant to court rules, and, then, the case proceeds more of less as a normal divorce.
Answered on Aug 03rd, 2011 at 8:13 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Basically, the same way you would if that person were still in Colo. If he/she is outside the US there are more logistical problems to accomplish service of the paperwork and that problem will be different for each country. If you are not able to accomplish personal service due to the international issues or if you don't even know where the person is, the divorce court can authorize service by publication in a local newspaper. Service by publication will permit the court to dissolve the marriage but it may not be able to do anything else (such as property division or alimony). You need to consult an attorney to determine your options after an analysis of all relevant information.
Answered on Aug 03rd, 2011 at 8:01 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If you know where they are, it shouldn't be a problem to get them served.
Answered on Aug 03rd, 2011 at 8:01 AM
You are still required to attempt actual service of process (and international service is much more complex than locally), but if there is no response, the entire case can be resolved by default.
Answered on Aug 03rd, 2011 at 7:50 AM
Trusts and Estates Attorney serving Jacksonville, FL
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Law Office of David M. Goldman PLLC
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You will need to serve them in the country where they are under the laws and rules of that country.
Answered on Aug 03rd, 2011 at 7:50 AM
Gary Moore
You serve him with the papers wherever he lives in the world. If a diligent search does not uncover his whereabouts you file a complaint for divorce and serve him with notice of the action for divorce by publishing once in the local newspaper of record.
Answered on Aug 03rd, 2011 at 7:40 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Have served in the country he was deported to.
Answered on Aug 03rd, 2011 at 7:40 AM