How do I get a divorce when I do not know where my other half is located?
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How do I get a divorce when I do not know where my other half is located?
I left my husband 3 years ago because he was abusive and violent. We have not been together since I left. I do not have any idea where he is located or have any way to find him. And to be honest ,with his temper and how violent he is, I do not want him to know where I am. We do not have any assets or property together. I just want my divorce so that I can be done with him and not have to worry any more and move on with my life.
Asked on July 3, 2016 under Family Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
As with any divorce, you will have to "serve" your spouse with notice of the legal action in order to give them an opportunity to answer your complaint. In a case such as yours, you can give your husband notice via "publication". What this means is that you can put a notice in a newspaper in the area of his last known location. The court will instruct in what newspapers, etc. to do this. After that, if you still don't hear from your husband, then you can proceed with the case and a "divorce by default" will be granted. As a general rule, a person can file for their own divorce and most states have websites to walk them through the process. However, your situation is a bit different and if you can, you would be well-advised to seek legal counsel in this matter. Since money is an issue, there are agencies/groups that provide legal services for free/reduced cost for those who are income eligible. Legal Aid is such a service. Also, check to see if there is a law school near to where you live since they run free/low cost clinics that handle divorce cases. Additionally, you can contact the state/county/city bar association to see if it has a list of lawyerss who will take your case for free or possibly a reduced fee based on your income/circumstances. Finally, you can contact your local Department of Social Services to see if it can refer you to free services.
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