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

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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

Answers:

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

Answered 10 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.


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