How do I get a divorce without my husband?

UPDATED: Aug 29, 2011

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How do I get a divorce without my husband?

My husband and I have not seen or heard from each other in 6 years. My parents have custody of our child. What do I need to do to get a divorce? How much is this going to cost me? Do I need a lawyer? Can I do an on-line divorce?

Asked on August 29, 2011 Oklahoma


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

Answered 11 years ago | Contributor

I am so sorry for your situation.   I will give you a general idea as to how one gets divorced with out knowing where their spouse is.  But the particular facts of your case will govern the particulars of the divorce.  Like, do your parents have legal custody?  Given by the courts?  So that there is not issue of child support here?  And are there assets to be divided because you can get a divorce but the court can not divide the assets with out him around.  SO you need to start a divorce action and then attempt to locate him for service.  You may have to go so far as to hire a private investigator to try and locate his whereabouts.  You have to do what the courts call "due diligence" meaning the best you can to find him.  Once you have proven that you tried and failed you will ask the court to allow you to serve him by publication.  The court will tell you what paper or papers and how many times.  Once you do that and file the proof the court has the ability to decide the divorce.  You may need help. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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