What canI do if Iwant to get a divorce but have not see my wife for10 years?

Get Legal Help Today

 Secured with SHA-256 Encryption

What canI do if Iwant to get a divorce but have not see my wife for10 years?

Don’t have her SSN or anything anymore. She took all of it and sold it or threw it away; did not keep contact with me. I tried to find her through searches and every time I find her I get the papers drawn up she is gone when I go to serve her. What can I do now? Do I need a divorce attorney or can I file myself? In Salt Lake County, UT.

Asked on August 17, 2010 under Family Law, Utah

Answers:

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

Answered 10 years ago | Contributor

I would suggest that you seek help from an attorney given the fact that every time you get close she avoids service.  Each state has a set of laws that spell out how a person is to be served with legal process. Every state prefers that a party be personally served.  But every state also understands that parties avoid service or that parties can not be found.  The courts are not cold to the needs of people to resolve issues in their life against parties that refuse to cooperate so the law allows that service be made in other ways.  Many times the laws allow for service by "publication" but only after you ask the court to allow it. This generally requires what is known as a "due diligence" affidavit meaning that you have to lay out everything you have done to track her down and what has occurred.  Also, service by publication may only allow a court to decide the issue of dissolution and not distribution of marital assets.  Ask an attorney about your situation.  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 with SHA-256 Encryption