Can I divorce my husband who abandoned me? 16 Answers as of September 27, 2011
My husband abandoned me 15 years ago. I know nothing about him or his whereabouts. Is he eligible to be my beneficiary on my 401k plan, or do I need to get a divorce? It says it needs his signature in order to appoint someone else, but I don't know where he is.Free Case Evaluation by a Local Lawyer!
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The Law Office of Kem Eyo, LLC | Kem Eyo
As long as you are married, your husband will be entitled to any benefits that are automatically awarded to a spouse. To prevent this, you will need to obtain a divorce by publication (wherein you "serve" your husband with notice of the pending divorce through a ad in the legal newspaper).
Answer Applies to: Georgia
Replied: 9/27/2011
Reza Athari & Associates, PLLC | Riana Durrett
A divorce can be accomplished through "default" if the other spouse does not respond to the complaint for divorce. There will be certain procedures you need to follow, such as "service by publication."
Answer Applies to: Nevada
Replied: 9/26/2011
Vincent J. Bernabei LLC | Vincent J. Bernabei
You should divorce him. You can serve him by publication or posting at the courthouse if you cannot locate him.
Answer Applies to: Oregon
Replied: 9/23/2011
Willick Law Group | Marshal S. Willick
The joint and survivor annuity is a requirement of ERISA-based retirement plans. So for that reason (among MANY others) you should not leave your situation to chance, but formalize a divorce (pre-retirement, if possible) and clean up the legalities of your property, inheritance, and other situations.
Answer Applies to: Nevada
Replied: 9/23/2011
Dunnings Law Firm | Steven Dunnings
If you can't get his signature, you need to divorce him, unless he is dead.
Answer Applies to: Michigan
Replied: 9/23/2011
ROWE LAW FIRM | Jeffrey S. Wittenbrink
You need to file for divorce. You can file for a divorce against him as an absentee, but you should do so as soon as possible. Your property, including your 401k, is community property, and you may need to fight to have your husband's rights to any portion of it dissolved. You should consult an attorney immediately about your particular situation.
Answer Applies to: Louisiana
Replied: 9/23/2011
Goolsby Law Office | Richard Goolsby
Yes, generally, provided a person meets Georgia's residency requirement, that person can seek a divorce. Ask your attorney about the requirements for service by publication. Good luck.
Answer Applies to: Georgia
Replied: 9/23/2011
The Law Office of Cathy R. Cook | Cathy R. Cook
To prevent your husband from inheriting your 401k, he must either sign to relinquish this right or you must divorce him. You can obtain a divorce by filing for one, and having him served by publication, since you don't know where he is.
Answer Applies to: Ohio
Replied: 9/23/2011
David M. Siegel & Associates | David M. Siegel
You can obtain a divorce by publication if your spouse's whereabouts cannot be determined. However, the court will not rule on division of retirement until such time that the court has personal jurisdiction over your spouse. In other words, he would have to be located to divide the 401(k).
Answer Applies to: Illinois
Replied: 9/23/2011
Meriwether & Tharp LLC | Patrick Meriwether
You should file for divorce. You will probably have to serve him by "publication."
Answer Applies to: Georgia
Replied: 9/23/2011
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
Yes, you need to get a divorce. If you cannot locate him you may be able to request that he be served by publication and you may proceed by default. You will need the court to confirm your 401K to you in order to remove him as your beneficiary. You should contact a family law attorney who is knowledgeable about serving by publication so that you may have this matter resolved.
Answer Applies to: California
Replied: 9/23/2011
Michael Apicella | Apicella Law and Mediation
You can file for divorce anytime you want one. If you can't locate your husband, then you can get a court order to serve him by "publication." If he doesn't respond (which is unlikely given the facts you stated), then you can finalize your case via "default," and as part of your request for orders, you can fashion terms where you get 100% of your 401k plan. Best to call a local family law lawyer to assist.
Answer Applies to: California
Replied: 9/23/2011
Hochman and Peppler, LLC | Thomas R. Peppler
After 15 years you should divorce him. An attorney can tell you the details.
Answer Applies to: Florida
Replied: 9/23/2011
John E. Kirchner, Attorney at Law | John Kirchner
You have to get a divorce to end your marriage and the terms of that divorce will be decided. You can name anyone you choose as a beneficiary of your 401k, but it may not be valid if you are still married at the time of your death. You should consult a lawyer about getting a divorce as soon as possible.
Answer Applies to: Colorado
Replied: 9/23/2011
Glenn E. Tanner | Glenn E. Tanner
Yes you can divorce your husband.
Answer Applies to: Washington
Replied: 9/23/2011
Law Office Of Jody A. Miller | Jody A. Miller
You need to talk to the Plan Administrator and explain to them that your husband abandoned you 15 years ago and ask how in that case you can remove him as a beneficiary. If they say you need a divorce then you need to talk to a lawyer about a divorce by publication.
Answer Applies to: Georgia
Replied: 9/23/2011
