If I have separated from my wife for 5 years with no contact, can I get a divorce without her?

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If I have separated from my wife for 5 years with no contact, can I get a divorce without her?

Asked on October 10, 2012 under Family Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country in order for you to divorce your spouse regardless of the time of separation you need to file a petition for the marital dissolution and have a summons issued where she is served with these two documents personally or in accord with other statutory process in your state.

Due process mandates that she be served in some form with the dissolution papers so she is on actual notice of the desires you have.

Her participation in the process to some degree is mandated.


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