I have been separated from spouse for 8 years. I have one child with him and he has had no contact with the child since he was 6 months old. I cannot find my ex spouse and have been trying to.
You do not need his signature but you do need to get him served. You should consult a family law attorney about the alternative service methods available in cases where a party can not be located for personal service.
You file a petition for dissolution of marriage in the county where you have been a resident for at least six months. then you serve him with the papers. If you dont know where he is, you can serve him by publication once you show the court you have made good faith efforts to serve him personally
You can get a divorce from him it will be easier if you hire an attorney because you have to use alternate service. Also you can get child support but probably it will be hard to collect
In Wisconsin you can file for divorce, and you must try to serve the estranged spouse personally. After due diligence (usually = 3 tries), the process server cannot serve him, then you can seek to serve him by publication. See an experienced family lawyer. Such people can make the process much smoother and less stressful.
I suggest you hire a lawyer because the law requires that you take reasonable steps to serve the other party with notice of the divorce case and that is a rather difficult procedure for most folks to accomplish without legal help.
Yes you can file for divorce and you do not need his signature. The issue will be service and you will need to arrange to do service by publication. I would suggest contacting an attorney for more information.
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