QUESTION
How can I get a divorce from someone that disappeared so that I can marry someone else?
Asked on Oct 18th, 2011 on Child Custody - Kansas
More details to this question:
I have been with my boyfriend for 11 years and we have two beautiful daughters and I had a miscarriage with his son almost 2 years after we started talking. I am now wanting to know what I can do to help him get his papers, so that he doesn't get deported, because he is the one paying all the bills, due to the fact that I am no longer working. Can you please help me? One of the problems is that I am married to another Hispanic and I have not seen him or heard from him since three months after we were married back in February 2000 and I don't know where he is so I can't get my divorce so that I can marry my current kid's father.
13 ANSWERS
Criminal Defense Attorney serving Quincy, MA
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Law Firm of Neil M. Kerstein
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It is against the law to marry someone solely for immigration purposes. However, you can obtain a divorce even if you do not know the whereabouts of the other person. I advise you to seek consultation with an attorney at your earliest convenience.
Answered on Oct 20th, 2011 at 2:27 PM
You can get a divorce. You need to file the papers and then do the required procedures for publishing in the paper. Then I would request a waiver of the 120 day waiting period that Wisconsin requires so that you and your fiance can get married so he isn't deported and you protect your family. Given that he is supporting your family, and you have been separated from your x for 7 years, this should be granted. You will need help with this.
Answered on Oct 20th, 2011 at 1:52 PM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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You can file a motion to have your husband served via posting.
Answered on Oct 20th, 2011 at 1:32 PM
Glen Edward Ashman
See a lawyer to assist you in doing a publication divorce.
Answered on Oct 20th, 2011 at 12:46 PM
Family Law Attorney serving Knoxville, TN
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Patel & Eisenhower, PLLC
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You can filed for a divorce by publication.
Answered on Oct 20th, 2011 at 12:20 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You can file for divorce and the court will grant the divorce, but may have limits on what else it might do. If you are unable to locate your husband for service of the papers, the Court can authorize you to provide notice by publication in a local newspaper.
Answered on Oct 19th, 2011 at 10:11 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You would need to perform a good faith search, which has multiple technical requirements, and then if that failed, perform service via publication. You should consult with an attorney to assist you, as it can be a very technical process in order to do it correctly.
Answered on Oct 19th, 2011 at 6:29 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Lots of people take off, you can still get a divorce. If your ex doesn't respond, you can request a default judgment. Your problem is going to be with service. File a petition for dissolution and attempt to serve your ex at his last known address. You will have to let the court know you have diligently attempted service and, if you still can't find him, you serve by publication. You will need legal assistance, so contact an attorney and/or the family law facilitator at your local courthouse. You need to take action - the process takes months.
Answered on Oct 19th, 2011 at 5:36 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You can get divorced even if you can't find your husband. You'll have to get permission to serve him by publication or mail (even though he won't really get it).
Answered on Oct 19th, 2011 at 5:13 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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The court rules provide for service of individuals whose whereabouts are unknown. The process is more attenuated, but can be done. It is usually more than a pro se litigant can do alone. You need an attorney to help you.
Answered on Oct 19th, 2011 at 4:43 PM
Yes. You can get divorced from someone who has disappeared, although it does involve jumping through a few extra hoops. Those extra hoops largely involve service of process. You, or your attorney, will first have to convince the court that adequate attempts have been made to locate your spouse. After that, the court should authorize service by publication. The other hoops are likely to involve the children. The presumption is that, since they were born during the marriage, that your husband is the father of the children. Therefore, the paternity issue will also have to be dealt with to clean things up.
Answered on Oct 19th, 2011 at 4:43 PM
Alabama provides for divorce by publication. You will need to hire an attorney to file for the process because there are many rules that must be adhered to but it can be done.
Answered on Oct 19th, 2011 at 4:42 PM
Trusts Attorney serving Lawrence, KS
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The Law Offices of David J. Brown, LC
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I suggest you hire an attorney in your county of residence who regularly handles family law matters. That attorney should be able to file a divorce and serve your husband by publication. Your divorce will be complicated because there will be a legal presumption that your husband, not your boyfriend, is the father of your children. You need the advice and help of a qualified family law attorney to sort those issues out.
Answered on Oct 19th, 2011 at 4:40 PM