QUESTION
Do I need to go through the entire divorce process if I don't know where my husband is?
Asked on Mar 25th, 2012 on Child Custody - Idaho
More details to this question:
My husband and I separated. I don't know where he is. Do I still go through the divorce process?
2 ANSWERS
To protect yourself from possible future community debt obligations and claims against your property, it is necessary to go through the divorce process or at a minimum a legal separation. I would recommend the divorce process as it is more final and costs about the same. Until you are legally divorced or separated all property your or your spouse acquires or debts incurred are community obligations, which means you could potentially have a creditor knocking on your door requesting payment for debts incurred by your spouse two years from now simply because you are still married and live in a community property state. Divorce protects you from any further obligations once the Decree of Divorce is entered. Contact a local divorce attorney and begin the process to ensure protection against future debt or property claims.
Answered on Apr 05th, 2012 at 10:43 AM
1 Award
Even if you don't know where your husband is you have to go through the entire divorce process. You must make an effort to find his whereabouts. After you have made a sincere effort you can serve him via publication in the local newspaper in the town where you know he last resided. Once you have met the publication time requirement you can proceed with your divorce. If he doesn't respond you can take the divorce by default.
Answered on Mar 28th, 2012 at 5:28 PM