File your case where you qualify for residency. The only difficult part is getting him officially served. Service normally requires that someone personally hand him the paperwork filed in your divorce case and file Proof of Service with the court. There are methods for getting someone served outside of the country, you will need an attorney's assistance with this. If your husband cannot be located, and you can prove to the court that you have tried all reasonable means, the court may allow you to serve him by local newspaper publication. Once he is served, you can move the case forward, whether he is there to participate or not.
Answered on May 16th, 2013 at 8:36 AM