How do I get a divorce without my husband?
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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
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 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.
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