If my husband was deported, how do I file for divorce?

I have not heard from him in over a year. I have any way to contact him.

Asked on March 20, 2016 under Family Law, Minnesota

Answers:

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

Answered 4 years ago | Contributor

If you want a divorce but don't know where your wife is, the law provides a remedy. You can serve a divorce complaint by giving notice to your husband via "publication". This is a legal tool employed when the respondent (you) cannot be located by the petitioner (your husband). In order to obtain a divorce, you'll need to perform as complete and diligent a search for your missing spouse as is practical under the circumstances. You will need to look in the same general location in which he was last known to reside. If you fail to locate your spouse, you can then ask the court to ssue an order of publication. Once a judge signs off on the order, a legal notice will be sent to the newspaper(s) specified in the order. If your husband doesn't respond within the allowed time period (typically 30-60 days), you can file the divorce by "default". In about 2 to 6 months, depending on your state, you should receive the final judgment of divorce. At this point, you may want to consult directly with a divorce attorney in your area for further advise.


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