How do I divorce my husband who was deported? 13 Answers as of February 06, 2013

I got married at 19 and three days after, my husband was detained. He was deported months later. I'd like to file a petition for divorce.

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The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
In any divorce proceeding, you are required to have your husband personally served with the Summons with Notice or Summons and Complaint in order to proceed with the case. Your best bet is to try and locate where he currently is living at the moment so he can be served there. If you are unable to locate where he lives with due diligence, then you will have to make a motion to the court to be allowed to serve by alternative service such as nail and mail service, or service by publication if nail and mail is not possible. Before commencing the divorce you should try and locate as best as you can the current whereabouts of your husband since once you file for divorce you have 120 days to have him served.
Answer Applies to: New York
Replied: 2/6/2013
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
This is pretty simple legally, but you have to take the right steps.
Answer Applies to: New Jersey
Replied: 2/6/2013
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You should speak to an experienced matrimonial attorney in the jurisdiction you live as divorce law varies from state to state. You will likely be able to file a petition for divorce in the state where you live. You will have to ensure your husband is properly served with the divorce papers, which is often the difficult part.
Answer Applies to: New York
Replied: 2/6/2013
Kalil & Eisenhut, LLC | Michael N. Kalil
There is nothing different about this divorce than any other one. Realize that after commencement you are going to have to have your husband served with divorce papers, so having an address for him will be necessary. If after an exhaustive search, in the event that he can't be located, there may be other procedures that your attorney can take, but that issue is much to complicated to reply here. Good luck.
Answer Applies to: New York
Replied: 2/6/2013
Donaldson Stewart, PC
Donaldson Stewart, PC | Monica H. Donaldson Stewart
You can still file for a divorce; however, you may have to follow special procedures to have your spouse "served" with the divorce paperwork
Answer Applies to: Arizona
Replied: 2/6/2013
    SwagatUSA, LLC
    SwagatUSA, LLC | Dhenu Savla
    You can file by publication. Contact a family-law attorney.
    Answer Applies to: Illinois
    Replied: 2/5/2013
    Go to court and get the court's permission to serve by publication. Otherwise you have to find your husband and arrange to have him personally served.
    Answer Applies to: California
    Replied: 2/5/2013
    Law Office of Adebola Asekun | Adebola O. Asekun
    A divorce, just like marriage generally requires that both parties submit to the jurisdiction of the divorce court. If possible, you may consider going and filing for divorce in your husband's country of deportation (assuming you meet the jurisdictional requirements for divorce in that country. Filing for divorce in some states in the United States where your husband is not present is also possible, but the procedure in NY called divorce by publication requires that you hire an attorney. In whatever decision you make, you are strongly advised to hire an attorney because it is important for you to be sure that your divorce must conform to the laws of US since if you are not legally divorced, you cannot legally marry another person.
    Answer Applies to: New York
    Replied: 2/5/2013
    Law Office of Rebecca White
    Law Office of Rebecca White | Rebecca White
    If you wish to file for divorce you need to speak with a family law attorney. Immigration attorneys can assist you more with determining if your husband could return to the US.
    Answer Applies to: Washington
    Replied: 2/5/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You can file for divorce. The issue will become serving him. You might have to make an application to the court to serve him by publication or posting if serving him in person will not be possible.
    Answer Applies to: California
    Replied: 2/5/2013
    Simpson Law Office, PLLC | Alexander J. Simpson, III
    In Mississippi, you may be entitled to a divorce on the ground of desertion. You would have to prove that the man left the marital home without cause or provocationmeaning that you did not tell him to leave or do anything that would force him to leaveand that he remained gone for a period of one year or longer, and that if he had returned during that year, you would have allowed him to continue the marriage. If you do not know where your husband is living, you may be able to serve him with process by publication. This means your lawyer would prepare a summons, have it issued by the clerk of the chancery court where the divorce action is pending, and publish it in the newspaper. The summons must be published once per week for three consecutive weeks. If the defendant does not file a response, the case is triable 30 days after the date of first publication. At trial, you must appear and testify, and you must produce at least one witness with personal knowledge that the defendant has deserted the marriage. If you serve your husband by publication, the Court has jurisdiction to grant a divorce and custody of children, if any, but cannot order child support or divide marital property, because that requires that the defendant be personally served with process.
    Answer Applies to: Mississippi
    Replied: 2/5/2013
    Carey and Leisure | John Smitten
    File for divorce then serve him. If he cannot be found then you can serve him by publication.
    Answer Applies to: Florida
    Replied: 2/5/2013
    Fran Brochstein
    Fran Brochstein | Fran Brochstein
    Please hire an attorney. You can divorce him but it is difficult to do in the State of Texas when he is out of the country.
    Answer Applies to: Texas
    Replied: 2/5/2013
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