Can I file for an uncontested divorce from my estranged husband, if we have a child together?

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Can I file for an uncontested divorce from my estranged husband, if we have a child together?

For 7 years we have lived in separate states. We have a child together that I have full custody of but he has made no contact in 6 years and neither I nor the child support office can locate him.

Asked on February 4, 2012 under Family Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The law does not make you stay married to some one who wishes not to be found.  You would need to serve him by substituted service  - like publication in a news paper - after an affidavit of due dilingence in trying to locate him has been prepared.  If he does come back at some point all he would probably be able be able to do is open up the custody issue.  ANd then he would have a lot of explaining to do.  Good luck.


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