how can i fill a divorce without husband

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how can i fill a divorce without husband

my husband abandon me and children in 2010 how can I get a divorce without him

Asked on January 25, 2017 under Family Law, Indiana

Answers:

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

Answered 4 years ago | Contributor

Any time a legal action is commenced, any person named in it needs to be given proper "notice". In a case such as yours, this means that you will have to "serve" your husband in order to give him the opportunity to answer your "complaint". When a spouse cannot be found, after all reasonable attempts to do so, they may be served notice via "publication". This means that you can ask the court to allow you put a notice in a newspaper in the area of your husband's last known whereabouts (the court will instruct you in what newspapers to do this). After that, if he fails to respond, you can proceed with the case. A "divorce by default" can be granted at the court's discretion on the terms that you requested. At this point, you really should consult directly with a divorce local lawyer who can advise you further.


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