QUESTION
How do I divorce my ex if I don't know where she is?
Asked on Apr 04th, 2014 on Divorce - Nebraska
More details to this question:
I have been separated for 13 years. My ex has new children and I have my own children with a new partner. Also I have a minor from that marriage living with me since he was 7 and now he is 17. I don't know where she is. She doesn't have any contact with her son. Can I get a divorce without her being present?
9 ANSWERS
You can make a motion to serve her by publication.
Answered on Apr 07th, 2014 at 8:58 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File as a contested divorce, use service of process by publication. Process is complicated, you probably need an attorney.
Answered on Apr 04th, 2014 at 5:47 PM
You can get a divorce without her being present but you do need to have some idea where she is now living so that attempts can be made to serve her with the papers. You should consult a family law attorney about service alternatives and proceeding with a default case.
Answered on Apr 04th, 2014 at 4:33 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Yes. You can ask the court for permission to serve by publication.
Answered on Apr 04th, 2014 at 12:47 PM
You file your papers. You try to serve your spouse. When you can't find your spouse, you get a court order to allow service by publication in a newspaper of general circulation in the city of your spouse's last known residence. Get a paralegal or lawyer to help you because this is a little complicated.
Answered on Apr 04th, 2014 at 12:42 PM
2 Awards
You may still get divorced but you must comply with the notice requirements. Generally, you would need to perform a diligent search and then serve your spouse through publication. If after the publication runs your spouse fails to respond, you may proceed with your divorce through the default process. However, I would consult with a divorce attorney in your area to ensure that it is done right. Good luck!
Answered on Apr 04th, 2014 at 11:05 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You will have to first make a good faith effort to locate your spouse. If you take all necessary steps and still fail to locate them, then you can serve your spouse via publication in a newspaper. You should consult with and retain an attorney to assist you if you are not familiar with the process and procedures necessary.
Answered on Apr 04th, 2014 at 11:03 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, you'll need an attorney and most probably in order for substitute service by publication or otherwise.
Answered on Apr 04th, 2014 at 9:39 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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In Nebraska you would simply have to file for divorce and then publish notice in a legal newspaper.
Answered on Apr 04th, 2014 at 9:36 AM