How can I legally divorce my husband who has already separated from me? 5 Answers as of July 22, 2011

I was married over 30+ years ago and my husband left to get lunch and never returned. I was under the impression, from him, that a divorce was filed. Here we are 30+ years later, I find we are still married and he has another wife. I contacted his sister but she will not give me his home number. I checked public records and found no divorce decree. What are my rights as his wife?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You are entitled to derivative Social Security benefits based on his contributions into Social Security. You are entitled to certain rights as his wife, upon his death. You are entitled to divorce him if you wish - which you might, since you need to file your income tax returns as married, filing separately, the highest marginal tax bracket.
Answer Applies to: California
Replied: 7/22/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
If your husband has another wife his marriage is not valid. You may file for a divorce and if you are unable to locate him then you may request to serve him by publication. You will be required to show the court that you made attempts to contact him prior to them granting your request. You should contact an attorney to assist you in this matter.
Answer Applies to: California
Replied: 7/20/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
I would start by contacting your estranged husband and impressing on him that it is in his best interests to remedy this situation since his current "marriage" may be invalid if he did not complete the divorce. If he failed to even file a divorce, you may want to initiate the petition. Your rights to property are confined to assets and earnings acquired from date of marriage to date of separation. I urge you to meet with a skilled family law attorney and discuss your legal options.
Answer Applies to: California
Replied: 7/20/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
If you never were legally divorced then you need to retain an experienced family law attorney in your area so you can file for divorce. If he is married to another woman that means he has commited a felony, the crime of bigamy.
Answer Applies to: California
Replied: 7/20/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
File for divorce and request that he be served via "posting". That will bypass the lack of address. You may also hire a PI.
Answer Applies to: California
Replied: 7/20/2011
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