How can I get divorced for free?
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How can I get divorced for free?
My spouse abmonded me 5 years ago, I have tried to find him to sign for the divorce but I haven’t found him and I want this divorce. What can I do to proceed with the divorce?
Asked on November 21, 2018 under Family Law, Missouri
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Notice" i required in any legal proceeding. In a divorce this means that even if a spouse cannot be located, they still must be notified of the action before it can move forward. This can be done via what is know as a "divorce by publication". This means that you as the filing spouse (i.e. he petioner"), must make a true effort to locate your husband the non-filing spouse (i.e. the respondant"). You'll have to present proof to the court that you made a genuine search for him. Once you' ve done so, you'll be allowed to you to serve him by publishing notice in a newspaper (as opposed to personally serving him with a summons). The judge will instruct you as to which paper should be used; it will typically be one in the area of your husband's last known address). If he fails to answer the notice in approximately 30-60 (depending on the specific jurisdiction), he will have "defaulted". The judge will then grant the divorce on the terms that you request and it will be finalized within about the 60-90 days after (again depending on state law). At this point, you may want to consult further with an attorney who can best advise you further.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
"Notice" i required in any legal proceeding. In a divorce this means that even if a spouse cannot be located, they still must be notified of the action before it can move forward. This can be done via what is know as a "divorce by publication". This means that you as the filing spouse (i.e. he petioner"), must make a true effort to locate your husband the non-filing spouse (i.e. the respondant"). You'll have to present proof to the court that you made a genuine search for him. Once you' ve done so, you'll be allowed to you to serve him by publishing notice in a newspaper (as opposed to personally serving him with a summons). The judge will instruct you as to which paper should be used; it will typically be one in the area of your husband's last known address). If he fails to answer the notice in approximately 30-60 (depending on the specific jurisdiction), he will have "defaulted". The judge will then grant the divorce on the terms that you request and it will be finalized within about the 60-90 days after (again depending on state law). At this point, you may want to consult further with an attorney who can best advise you further.
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