QUESTION
Can I get a divorce without serving my spouse?
Asked on Apr 09th, 2013 on Divorce - Delaware
More details to this question:
My husband abandoned the family and moved to a different country. We have 2 kids but no property. It's been 2 years since he left. He refuses to provide me with his address. I hired a lawyer but it seems like my case is dragging and going nowhere. I'm thinking about getting a new lawyer.
11 ANSWERS
4 Awards
If you cannot serve your former spouse because he is out of the country, you can complete service by publication. And, certainly, if you are in the market for an Attorney to assist you with this, I welcome you to give me a call. This message is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately reply to this message or notify us by telephone at 262.789.2741 and delete the message.
Answered on Apr 10th, 2013 at 1:14 AM
John Arthur Smitten
No, he has to be served.
Answered on Apr 10th, 2013 at 1:09 AM
Municipal Law Attorney serving Paw Paw, MI
at
Mark A. Manning, P.C.
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If you are a resident of the State of Michigan and meet its jurisdictional requirements, i.e. maintaining a residence in the State of Michigan 180 days and 10 days in the County in which the divorce action is filed), you can file an action for divorce. Service of process of the divorce papers can be made directly (i..e. by registered mail, restricted delivery or by a process server who directly serves the Defendant) or by "substituted service, i.e. by publication in a news paper, posting at the courthouse, etc. If your husband is a citizen of a foreign county, the process is more protracted because you are required to make service through the foreign consulate of the country in which he is a citizen.
Answered on Apr 10th, 2013 at 1:05 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
at
Zahn Law Office
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You cannot get divorced without your husband being served, but if you cannot locate him, you can attempt service by publication.
Answered on Apr 09th, 2013 at 9:50 PM
You must get permission to serve him by publication from the court after you have done due diligence to find his address. If your atty has not done this then you might want another one. Six months after he is served you can bifurcate status and get divorced.
Answered on Apr 09th, 2013 at 9:48 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, you cannot get a divorce without serving your spouse. If you are unhappy with your lawyer, get a new one.
Answered on Apr 09th, 2013 at 9:45 PM
Divorce & Separation Attorney serving Jacksonville, NC
Partner at
The Houser Law Firm, P.C.
2 Awards
The short answer is no. However, you most likely asked the wrong question. The question you should be asking is, how can I serve my spouse if I don't know where he is? The answer to that is to serve him by legal publication. A legal publication is a simple matter for an attorney - there is no reason for it to take very long. If you need a new attorney and your divorce is anywhere in North Carolina, we can do that for a flat rate fee of $395 which includes court cost and fees. You would not need to attend court or travel to our office - everything can be done online via our secure website and US Mail. Because the rate for a publication varies from newspaper to newspaper we would have to get a quote for that however, the average price is around $250.
Answered on Apr 09th, 2013 at 9:44 PM
Michael Paul Vollandt
You may have to serve by publication. You lawyer knows how to do that so ask him to do that.
Answered on Apr 09th, 2013 at 9:44 PM
We can serve him through publication and get you divorced within 45 days. You can contact our office for a free consultation to discuss this and other possible options.
Answered on Apr 09th, 2013 at 9:43 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Talk to your lawyer about service by publication, possibly in husband's present country of residence. Your lawyer should also be able to contact the State Department for a list of lawyers in that country who can effect service. Keep in mind that you have to get the other party served within either 60 or 90 days from filing the case, so you may need to re-file it.
Answered on Apr 09th, 2013 at 9:43 PM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
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You can publish notice if you do not have an address.
Answered on Apr 09th, 2013 at 4:00 PM