QUESTION
If the plaintiff (husband) drops out of our contested divorce am I still required to submit final disclosures to him?
Asked on Jul 11th, 2013 on Divorce - California
More details to this question:
My husband and I are in the middle of this divorce he filed. I'm not even sure where he is. No communication for almost 2 years. I have child support orders he has not paid and now my child is over 18 so it is arrears and interest. I do not want to send my personal disclosures out to his maybe address and if he does nothing I do not want him having my information if he does not reciprocate.
4 ANSWERS
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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If he has dropped out of the divorce for 2 years, you should be moving forward with a default against him and summary divorce proceedings, at least in Nevada. Contact an attorney if you don't have one and find out how to proceed.
Answered on Jul 16th, 2013 at 9:53 PM
If you want to finalize a divorce, you must complete service of all disclosure documents and request a judgment from the court. You can use his last know address listed with the court until he submits a new address. As you go forward, you can request support. If you don't want a divorce, you need to find him and have him sign a Request for Dismissal which needs to be filed with the court.
Answered on Jul 16th, 2013 at 9:52 PM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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Search the public records (e.g. driver license records, vehicle and boat registration records, property ownership records, etc.) for a possible address for him, or send a letter to the last address and request address correction (see your local post office for how to do that). You could also file a pleading with the court requesting a status conference on your case. It may be that your case has already been dismissed if there has been no activity for 2 years.
Answered on Jul 16th, 2013 at 9:51 PM
He probably thinks you are already divorced. File a bifurcation of status and get divorced. You can handle the financial stuff when he shows up.
Answered on Jul 16th, 2013 at 11:03 AM