How doI get divorced from my husband ifI have no idea where he is?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How doI get divorced from my husband ifI have no idea where he is?
I was married for almost 6 years and have been separated for 4. How do I get a divorce the cheapest way?
Asked on November 17, 2011 under Family Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Before any legal action can be taken against a person, they must be given an opportunity to appear in court and explain their side of things. This is what is called legal "notice". In the case of a divorce, if a spouse cannot be located, then there is something known as a "divorce by publication" which is a remedy that allows for a divorce when the missing spouse cannot personally be served with notice of the filing
The Petitioner (i.e. the filing spouse) must make a diligent effort to find the Respondent (i.e. the missing spouse). The Petitioner has to present proof to a court that they made a good faith search to uncover their spouse's whereabouts. At that point, the Petitioner will be allowed to "serve" the Repondent notice by publishing the fact in a newspaper. The judge will then instruct the Petitioner as to which newspaper should be used (usually one that is in the area of the Respondent's last known whereabouts).
The Respondent then will have 30-60 days to file their answer (depending on the jurisdiction). If they fail to file, the Petitioner can then request to enter a "default divorce". Such a divorce is typically granted upon the terms that the Petitioner requests (although the Respondent is given a certain period of time in which they can appeal).
At this point you need to consult directly with a divorce attorney in your area. They can best advise you as to your rights and how to proceed.
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.