If I have not seen or spoken to my husband in 6 years and all I know is he is in a prison somewhere, how do I get a divorce?

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If I have not seen or spoken to my husband in 6 years and all I know is he is in a prison somewhere, how do I get a divorce?

Asked on October 24, 2012 under Family Law, Tennessee

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can file your Petition for Dissolution of Marriage with the court, and have your husband served by publication.  Service by publication is running a notice of your Petition for Dissolution of Marriage in the legal notices section of a newspaper for a required period of time.  Service by publication is effective even if your husband never sees the notice in the newspaper.

The required period of time that your notice has to run in the legal notices section of a newspaper to be valid service by publication varies from state to state.  Your court clerk can tell you how long the notice has to run in your state for it to comply with the notice requirement for service by publication.


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