QUESTION
I do not know where my husband is, can I get a divorce?
Asked on Jan 05th, 2013 on Divorce - Arizona
More details to this question:
I don't know where my husband is and there is no property or children. Can I apply for divorce? We have been apart over 5 years.
15 ANSWERS
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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Yes, but you'll need to prove to the court that you have taken reasonable steps to locate him. This involves contacting relatives, searching public records, etc. If you are unable to locate him and the court is convinced you have made a good faith effort, the court will allow you tol give notice by publication.
Answered on Jan 09th, 2013 at 5:43 PM
Yes you can file where you are a resident. If, after making good faith efforts to locate and serve your husband, you can ask the court to permit you to serve him by publication in a newspaper of general circulation in the city of his last known residence.
Answered on Jan 09th, 2013 at 5:42 PM
Business Attorney serving Newport Beach, CA
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NextGen Business & Wealth Preservation
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You can file for divorce but you need to serve him with the papers in some fashion. You need to make reasonable efforts to locate and serve him. This can be done by an attorney service which offers "skip tracing" services. They will prepare a report of all of their attempts to locate him. If you still cannot find him, you can attempt to serve him by publication, which requires a court order. In any event, to get the right to serve by publication, you must already have the action filed with the court. Best of luck.
Answered on Jan 09th, 2013 at 5:42 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Yes, but you will need to demonstrate to the court that you have made a reasonable effort to locate your husband in order to give him notice of the case. If the court is satisfied you have made a diligent effort, it can authorize service of the notice by publication in the newspaper.
Answered on Jan 09th, 2013 at 5:41 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Yes you can divorce him..You must make a good faith effort to find him... and if you cannot find him you can get a court order allowing you to use alternate service (publication, service on last know address, etc.) It will be easier if you have an attorney do this for you.
Answered on Jan 09th, 2013 at 5:41 PM
Child Custody Attorney serving Milwaukee, WI
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Zales Law Office
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Yes you can file for divorce. There are ways of finding him and if you can prove you cannot find him you can still be divorced.
Answered on Jan 09th, 2013 at 5:41 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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File for divorce. You will have to do your best to locate him. Talk with old friends, family members, etc. Do you have a last address. Could he possibly be dead? It may be worth the trouble to hire a private investigator to do a quick check to see if he can be located. If you have done all of these things and still cannot find him, then ask the court to allow you to serve him by publication in the city of his last known address.
Answered on Jan 09th, 2013 at 5:40 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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You can ask that he be served by publication. I suggest you hire a lawyer.
Answered on Jan 09th, 2013 at 5:39 PM
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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Of course you can! Just call a lawyer.
Answered on Jan 09th, 2013 at 5:38 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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Yes you can file for divorce. You will have to request to serve him by publication.
Answered on Jan 09th, 2013 at 5:38 PM
Theodora B. Fader
Yes, it is possible to get a divorce if you do not know your spouse's whereabouts. You will need to make some efforts to find your spouse and file an appropriate motion for substitute service. It is advisable to hire an attorney to assist you to make sure that the appropriate procedure is followed.
Answered on Jan 09th, 2013 at 5:37 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You need to get the court's permission to serve him by publication.
Answered on Jan 09th, 2013 at 5:37 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You can get a divorce, but first you must make a truly diligent effort to serve him, that is, officially have the divorce papers delivered to him. If after serious efforts to serve him (by any adult other than yourself) do not work, you can serve him by publication. When enough time passes after publication, you can get the divorce. Since this is not the simplest problem, you would benefit from hiring a lawyer.
Answered on Jan 09th, 2013 at 5:35 PM
Yes. You will have to try to personally serve him at his last known address. After that you will have to request service by publication from the court. You might need and attorney for that.
Answered on Jan 09th, 2013 at 5:35 PM
You may be able to get divorced even if you are not aware of your husband whereabouts. I recommend you consult with an attorney to discuss this process in greater detail.
Answered on Jan 09th, 2013 at 5:34 PM