What canI do if Iwant to get a divorce but have not see my wife for10 years?
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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 13 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.
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