How would I file for divorce if my husband was deported to Mexico 13 years ago and we haven’t had contact since?

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How would I file for divorce if my husband was deported to Mexico 13 years ago and we haven’t had contact since?

Our daughter is now 18 and according to her, he has a family of his own in Mexico. Is this going to be an easy case or a difficult one?

Asked on September 18, 2012 under Family Law, Colorado

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is nothing in dispute, then the process should be easy... especially if he has moved on and has a new family.  The issue that you are going to have is getting him served with papers in Mexico... but you still have options.  You can mail him proposed divorce paperwork and a waiver of service and see if he'll agree to sign it so that you can get the divorce done.  If you don't know where he's at, then Colorado does have a procedure for citation by publication which you can use.  You won't be barred from getting the divorce just because he's in Mexico.   You can file here because you live here.  To make sure that your paperwork is in order, you would be better off hiring a family law attorney to help you draw-up the paperwork and to help you with the service issue. 


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