How doI divorce a missing person?

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How doI divorce a missing person?

I am Japanese and got married in NJ. I and now move back to Japan since my husband and I didn’t get along. I don’t know where he stays now, but he was in Atlanta the last time I talked to him(about 3 years ago). His contact number has been changed and I have no way to reach him. Can I still file for a divorce in the United States? If so, what state should I file since I’m not living in the states and my husband’s residency is unknown.

Asked on October 4, 2010 under Family Law, New Jersey

Answers:

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

Answered 11 years ago | Contributor

You are not a resident or Citizen of the United States, correct?  Then I would seek help from an attorney in Japan to obtain a divorce in your country and to file it in the United States.  Here is your problem on whichever continent you do this: you need to be able to prove that he had notice of your filing for divorce.  In the United States you would need to do a "due diligence" search for him and then possibly publish in a newspaper your intent to get divorced.  How that works in Japan is unknown but I would think that you would still have to locate him or make an honest attempt to locate him.  This is a very tricky thing her and it may be best to find him, have him agree and have an uncontested divorce filed.  Good luck.  


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