How do I go about getting a divorce if I’ve been unable to find my husband for the last 9 years?

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How do I go about getting a divorce if I’ve been unable to find my husband for the last 9 years?

Asked on February 15, 2016 under Family Law, Utah

Answers:

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

Answered 8 years ago | Contributor

In this type of situation, you can "serve" a divorce complaint o your husband via a notice "by publication". This is a legal remedy employed when the respondent (your husband) cannot be located by the petitioner(you). In order to obtain a divorce by publication, you'll need to perform a diligent search for your missing spouse in the same general location in which he was last known to reside (you can search DMV records, vot registratio records, the telephone book, ec.). If your search fails to locate him, you can then apply for the court to issue an order of publication. Once the judge signs off, a legal notice will be sent to the newspaper named in the order. If your spouse doesn't respond within the allowed timeframe (typically 30-6- days), you can file the divorce by "default". Then, in approximately 2 to 4 months you should receive your final judgment.
Since so uc of this is state specific, you really should consult directly with a local divorce lawyer. They can best further advise you.


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 AttorneyPages.com 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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