How to obtain a divorce when husband has abandoned marriage?

UPDATED: Sep 15, 2011

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How to obtain a divorce when husband has abandoned marriage?

My husband left our home 3 months ago. He is now living with a women but will not give his address, location etc. His mail is still being delivered to our home. I want to file for a divorce. He did come to the house and told our children he bought 35 acres of property with a log home on it but will not say where it is located. He showed them pictures of the property and home. He also just settled a probate case in NY where he was an heir. He will not tell me what the settlement amount was and is saying that I am not entitled to anything. He will only communicate through text messages.

Asked on September 15, 2011 under Family Law, Florida


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

Answered 11 years ago | Contributor

I am so sorry for your situation.  It is unclear here if your husband is still living in the state of Florida and you just have no idea of the address or if he has relocated to New York.  Wither way you can indeed obtain a divorce from him, it just may take a bit of time and money.  If he is in Florida and you know where he works then once the paperwork is drawn up you can have him served with the papers at work.  You can ask for exclusive occupancy of the marital home and you can ask for spousal and child support if it applies.  If you do not know where he works you may want to hire someone to run his social security number to find out.  Otherwise you can probably serve him via publication after a diligent effort to locate him has been proven.  Now, the issue of the property.  If he purchased it with money he inherited then it may indeed be separate property.  Inheritance is generally considered that.  You need to get some legal help.  Good luck to you.

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