How do I get a divorce

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How do I get a divorce

I have not lived with my husband for 18 years I do not know where he is and I need to get a divorce how can I do this

Asked on September 5, 2017 under Family Law, Louisiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

In a case such as yours, the law provides a remedy called "service by publication". By way of background, in any legal proceeding action against cannot be taken against someone without first giving them notice. This is to give them the chance to appear and explain their side of things. In the case of a divorce, even if a spouse can't be located they still must be notified. With service by publication, the filing spouse (i.e the "petitioner") makes a good faith dilgent effort to locate the missing spouse (i.e. the "respondent"). The petitioner must present proof to the court that they made a genuine effort to locate their absent spouse. Once done, they will be allowed to serve that spouse by publishing notice of the divorce in a newspaper in the area of the spouse's last known location (instead of the usual method of personal service). As a general rule, the respondent has 30-60 days to file a reply. If they fail to do, then the petitioner can file a request to enter a "divorce by default" (although the respondent is given a certain time limit in which they can file an appeal). At this point, you can consult directly with a local divorce lawyer for further advice.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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