QUESTION

How do I file divorce from missing person?

Asked on Jan 09th, 2016 on Divorce - Oregon
More details to this question:
My husband went missing about 2 months ago with our truck that we have a loan on. He has yet to be found but I am still paying insurance on the truck for fear of repercussions. I also moved back from to be with my family after he left. We were married and living as residents for 4 months when he left. I am hoping you can advise me on what I can do about the missing truck. I also would like to be divorced from him but don't know if that is possible with him missing.
Report Abuse

1 ANSWER

Family Law Attorney serving Redmond, OR at Oliver & Duncan
Update Your Profile
It appears from your message that you have been married for right at six months and the only significant asset you have is the truck he took with him (no kids, I hope). You can file a petition for dissolution of marriage with the Circuit Court in the county where you have lived for the last six months. If you have not lived in one county for the last six months, you would have to file a petition for legal separation, wait until you have accumulated six months of residence in that county and then bring a motion to modify the petition for legal separation to a petition for dissolution of marriage. Once you have the Petition for Dissolution filed with the court, you need to make some documentable efforts to find your soon-to-be ex-husband and get him served with the Summons and Petition. If those efforts are not successful, we can apply for an order for service by publication. The Summons has to be published in a local newspaper for, I believe, right at 30 days. If he has not filed a response within 30 days after the service by publication is complete, you can submit a motion for entry of Dissolution of Marriage by default. When that document is entered by the court, you will be a single person again! As to the truck, I am assuming that you are on the loan as well as on title to the truck. One way to handle that would be to put a request in the Petition for Dissolution to award the truck itself to the respondent and grant you a money award against him for half the value of the truck. While it might take a while to track him down and attach whatever assets he does have to recover the amount due to you, you might be able to get the lender to take your name off the loan so you don?t have to have a bad entry on your own credit report.
Answered on Feb 01st, 2016 at 5:53 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters