QUESTION
How to get a divorce when you do not know where the other person is?
Asked on Oct 25th, 2012 on Divorce - Louisiana
More details to this question:
My fiance and I would like to get married, she has been separated for almost 4 years, but hasn't gotten a divorce. She don't know how to get in touch with her x because there was a restraining order in place on him.
12 ANSWERS
I suggest you retain experienced counsel who can arrange for a private investigator to search for the husband (they can do great computer searches). Once you have a last known address, you can ask for substitute service of the divorce papers often by mail to a relative or friend who has contact with the husband or by publication in that area. That will cost money, but then you can proceed to enter a default judgment if he doesn't respond (or an agreed judgment if he does respond) and make your wedding plans thereafter.
Answered on Oct 31st, 2012 at 4:15 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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There are court rules which govern the process of notice when the filing party does not know how to personally serve the other party.
Answered on Oct 27th, 2012 at 9:30 AM
Depending on the circumstances, it may be possible to proceed with divorce even when the other party cannot be located after diligent efforts. I recommend she consult with an attorney to discuss this situation in greater detail and to determine her best course of action.
Answered on Oct 27th, 2012 at 9:29 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If your fiance lived in Ohio with her husband, she can file for divorce here and serve him by publication.
Answered on Oct 26th, 2012 at 10:53 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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You would do a notice by publication. I would suggest retaining an attorney to assure it is done properly.
Answered on Oct 26th, 2012 at 10:52 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You can get a divorce by default.
Answered on Oct 26th, 2012 at 10:35 PM
In reply, You will need to file a Divorce action in the court, along with that, file a Motion to to SEve By Altete means: ie via certified mail to the last known address; try to get his whereabouts from any famimbes; or ask to serve via publication in the Intermountain Commerial Record fora period of 4 weeks (cost is around $150.00 ). When the Judge sign an Order for Alternate service, you serve the person by that alternate meter.
Answered on Oct 26th, 2012 at 10:31 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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She needs to meet all the requirements to serve by publication. Then set a hearing for the court to order service by publication.
Answered on Oct 26th, 2012 at 10:28 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You file for the divorce and make a diligent effort to locate the other spouse in order to serve him notice of the case. If reasonable efforts to find him fail, the court can authorize the notice to be published in a newspaper. You can use the local sheriff or a private investigator to attempt to find the person.
Answered on Oct 26th, 2012 at 9:39 PM
You will have to do a due diligence search for his whereabouts and be able to document that search to the court. You can then seek permission of the court to use an alternative method of service. You should consult a family law attorney for assistance with this process.
Answered on Oct 26th, 2012 at 9:35 PM
Leonard A. Kaanta
If he can not be found, the Court can allow service by publication.
Answered on Oct 26th, 2012 at 9:32 PM
1 Award
You have to get a curator appointed to accept service and search for your spouse.
Answered on Oct 26th, 2012 at 9:29 PM