How do I get divorced if I have been estranged for twenty plus years?

Question

I have no idea where my husband is and our daughter is grown.  I left him in 1986, because he continually beat me and I did not let anyone know where my daughter and I were.  I would really like to remarry but it seems that filing for divorce is too restricting, given the circumstances.

Loren Zahn · Answer

It is possible to give notice and get past that requirement.

Cathy Cook · Answer

You can file for divorce.  Since you don't know where your husband is, the court would do service by publication.  Once that service is complete, you can proceed with  the divorce.

Jacob Erickson · Answer

You may be able to serve your estranged husband by publication and obtain a divorce.   Minnesota is a no fault state, so you do not have to prove anything other than the marriage is irreparably broken, which twenty years apart would seem to prove quite convincingly.   You should speak with a family law attorney to get the process moving so that you can obtain a divorce.

Tajara Dommershausen · Answer

You file for divorce.  You have someone try to find him (you can do a postal search or use the internet).  If you can't find him, you publish in the paper in his last known place of residence.  Then he gets defaulted when he doesn't show up.  There are some hoops to jump thru, it would be infinitely easier if you got an attorney to represent you.

Michelle Fitzgerald · Answer

If you are in WI, you can file, and service will need to be attempted at his last known address -or actual address if you can easily locate him from a simple search. If not, the attempt is made, then publishing has to be done. Then you can proceed with the remainder of the divorce.

Glen Edward Ashman · Answer

You likely can file by publication.  See a lawyer.

Jay Neff · Answer

In Washington, the duration of the separation really doesn't make much difference to the process.  If you want to get divorced, then, you have to go through the process outline by statute and case law.  It makes no difference if you have been separated two months or 25 years.

Monica H. Donaldson Stewart · Answer

If you don't know where your husband is located, the court can give you permission to serve by alternate means (e.g. publication) if you can show that you've made diligent efforts to locate him. If you are only asking the court for a divorce (and not to make any division of assets/debts or for any spousal support), then this may be very straightforward. I encourage you to speak with an attorney to discuss your options.

Joanna Mitchell · Answer

You would have to file for divorce, and then make every attempt to locate him in order to get him served with the papers. Perhaps your daughter knows where he is at? Or one of his family members? If after exhausting every possible route you still cannot locate him, then and only then can you apply for personal service via publication. If he fails to respond, then you can proceed to the final hearing and get your divorce.

Jeffrey Wittenbrink · Answer

You may file for divorce regardless of whether or not you know where your husband is.  You are entitled to a judgment changing your status from a court of law.  You still have to sue your husband for divorce. Your attorney will have to file for the appointment of an attorney ad hoc , popularly called a "curator" to represent your husband. The curator will get information from you and file advertisements in newspapers where your husband was last known to have lived, and otherwise pursue finding him for purposes of service.  After he has exhausted his efforts to find your husband, he will testify in court as to his efforts at your divorce hearing.  This process will enable you to obtain a divorce from an absent defendant.

Glenn Tanner · Answer

You need to file a petition for dissolution of marriage in Washington and serve your husband "personally" or get permission to do it by another means

Thomas Daniel Nares · Answer

If you wish to remarry you need to file for divorce.  Your husband will be served by publication.  This is a pretty straight forward divorce in light of the length of you separation.  It will proceed by default.

Cassandra Savoy · Answer

As you may know, in order to get a divorce, NJ requires that the defendant be personally served.   If you do not know where your spouse is, the court rules outlines a process for alternate service.  As the process requires some deliberate effort, you may want to consult an attorney.

John Kirchner · Answer

In Colorado the length of your separation doesn't make it any more difficult to get a divorce than if you were still living together. The only difference is that if you cannot locate him to serve the necessary papers, the court can authorize you to give him notice of the proceedings by publication in a local newspaper.  That will permit the court to enter a divorce, but it won't be able to do anything about property or financial issues.   If you have lived apart and with no contact for more than 20 years it seems unlikely there would be any property or financial issues that you would care about.  But, you cannot legally remarry until you are divorced, so you need to start the process.  You should consult an attorney for more detailed advice, even if you eventually decide to pursue things on your own.

Vincent Bernabei · Answer

Unless he is dead, you must file for divorce before you marry again.  If you know his full name, it probably won't be hard to have him served with copies of the pleadings.

Susan Correia-Champa · Answer

Yes you can get divorced.  All you need to do is have him served by   publication.  You need to file and have it publicized in the local  newspaper  pursuant to the domestic relations rules for service by publication  and you  will be able to get divorced in Massachusetts.

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How do I get divorced if I have been estranged for twenty plus years?

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