QUESTION
Could she lie and say she has no knowledge of where he lives and get away with filing for divorce and be awarded a settlement?
Asked on Mar 26th, 2015 on Divorce - Florida
More details to this question:
My son’s wife asked for a separation a year ago. She insisted on getting half of his 401k and they divided up their household goods when he moved to an apartment. She moved out of state about a month ago but refuses to give him her address or phone number requesting that all contact be via email. He is frantic wondering if she can file for divorce out of state without his knowledge and be awarded additional money from his savings or an inheritance he recently received from his grandmother. She knows his address as well as where he works.
5 ANSWERS
John Arthur Smitten
It only takes one person to get the divorce. If a person cannot be located then you have to use diligent efforts to find that person then after that you have to prove that you tried to find that person, then you can obtain service of process through publication. Use of a lawyer is recommended.
Answered on Mar 30th, 2015 at 3:46 AM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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Without months of preparation, and the severing of all ties with friends and family, It is nearly impossible for someone to disappear to the point of being unlocatable anymore. The more important questions is, what is your son waiting for? He should file for divorce and have his attorney run a skip trace or use an investigator to locate her so she can be served with divorce papers. Your son has nothing to gain by waiting, and may be increasing his potential exposure to her claims for various types of relief. But to answer your question, while it may be possible for her to obtain a judgment claiming she doesn't know where he is, it would generally be subject to being set-aside based upon fraud on the court, as well as perjury, which is a crime. The better practice would be for you son to file for divorce as soon as possible. He should consult with an attorney to discuss the specifics of his situation and his options.
Answered on Mar 30th, 2015 at 3:46 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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The law of the state she moved to may control. I cannot speculate on the answer. H should see attorney ASAP. Some states allow the other party to publish an ad in her local newspaper, other states do not allow a divorce unless both parties have lived there as husband and wife.
Answered on Mar 30th, 2015 at 3:45 AM
She can try anything, however, the real question is can she be successful. The way to head her off is for your son to file for divorce first. If he can't locate her for service, she can be served by publication. Once the divorce is final, it is over. Good luck.
Answered on Mar 30th, 2015 at 3:37 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Your son needs to see an attorney about this. She would have no claim to the recent inheritance as the son would have a special equity in it, as long as he does not do something stupid like put it into a joint account. He needs some advice.
Answered on Mar 27th, 2015 at 7:50 PM