I haven’t seen my husband since 2007 and he now lives out of state, how do I go about divorcing him?

UPDATED: Apr 29, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Apr 29, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

I haven’t seen my husband since 2007 and he now lives out of state, how do I go about divorcing him?

We were married in 2005; we separated in 2007. He agreed to divorce but he frequently goes homeless and I have no way of contacting him. When I finally do get a hold of him he says that  he will co-operate but then disappears again. Sinec he’s living in another state and considering the amount of time we have been apart. I have no idea how to go about getting this divorce finally taken care of. There are no children and there are no joint finances. I do not want anything from him. I just want this to be over.

Asked on April 29, 2011 under Family Law, California


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

Answered 11 years ago | Contributor

The law is not going to make you stay married to someone just because you can not locate them. But they do make you take extra steps - called due diligence - in order to make sure that the other party had ample opportunity to be notified and contest if they so chose.  Once you have done due diligence in locating them or attempting to locate them, the law allows you to publish in newspapers, etc., the divorce and have it count as substituted service. This is not something that you are going to be able to do on your own.  Get help from ana torney.  And then it will all be over the proper way.  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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption