My husband and I separated almost 7 years ago and he wouldnt sign the papers, now he's disappeared and I have no clue where he is, what do I do? 17 Answers as of February 18, 2014

I want a divorce.

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Law Offices of Lauren H. Kane | Lauren H. Kane
You can't get a divorce without having a proper address for him so you can serve him with the divorce papers.
Answer Applies to: Pennsylvania
Replied: 2/18/2014
The Law Office of James P Peterson
The Law Office of James P Peterson | James P Peterson
File for divorce and do a publication on the courthouse steps if there is no property. Most lawyers have the tools to find him of there is property.
Answer Applies to: Texas
Replied: 2/18/2014
Kirby G. Moss PC | Kirby G. Moss
You can still set it for hearing and get a divorce. You can serve him either through publication or the Secretary of State as his agent depending on the circumstances. Best to get a lawyer to make sure done right.
Answer Applies to: Indiana
Replied: 2/18/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
You can publish and get a default divorce.. it will be best if you contact an attorney.
Answer Applies to: Michigan
Replied: 2/17/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If you served him the appropriate commencement documents which starts the divorce action, you can proceed by way of default. If you never properly served him, you should consider working with an experienced process server on getting direct or substituted service.
Answer Applies to: California
Replied: 2/17/2014
    Law Offices of Gerard A Fierro
    Law Offices of Gerard A Fierro | Gerard A Fierro
    You don't state whether service of the summons and Petition was completed. If so, you can proceed by default. If you need to serve your spouse, you must use reasonable diligence to locate your husband. If you demonstrate that you cannot locate your husband, the court can permit you to serve the papers by publication. An experience attorney can assist you with this complex process.
    Answer Applies to: California
    Replied: 2/14/2014
    Law Office of Morgan L. Place (MP Law Office) | Morgan L. Place
    Has he been served? You can proceed in default.
    Answer Applies to: California
    Replied: 2/14/2014
    John Russo | John Russo
    There is no such rule that he had to sign any papers, you did not prefect legal notice upon him because you obviously tried to do it yourself without understanding service of process. If you had paid the $50 to a sheriff or constable to serve him you would have not had this problem today, they would just serve him if he refused to sign they would have just stated that on such and such a date I so and so a duly licensed server of process did serve so and so in hand on such and such a date. Your answer is , you have to find him again and serve him, hopefully you use a lawyer so you don't mess it up again.
    Answer Applies to: Rhode Island
    Replied: 2/14/2014
    Attorney at Law
    Attorney at Law | Frances An
    You have a right to a divorce. Consult with an attorney in your area. There are ways to serve papers on people if you can't find them. You may also get the court to sign the papers for him, if he refuses.
    Answer Applies to: California
    Replied: 2/14/2014
    Law Office of Robert E McCall | Robert McCall
    1. File a contested divorce. 2. Use Service of Process by Publication
    Answer Applies to: Florida
    Replied: 2/14/2014
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    What you could have done 7 years ago. File for a divorce. If you don't know where he is, get the court's permission to serve by publication, and after the requisite waiting period, you'll get a decree of divorce.
    Answer Applies to: Washington
    Replied: 2/14/2014
    J. Barbour Rixey, P.C.
    J. Barbour Rixey, P.C. | J. Barbour Rixey
    Go ahead and file for divorce and serve him through order of publication at his last known address. You should get an attorney to handle this for you.
    Answer Applies to: Virginia
    Replied: 2/14/2014
    Law Office of Annette M. Cox, PLLC
    Law Office of Annette M. Cox, PLLC | Annette M. Cox
    You will need to refile the petition for dissolution. If you cannot locate him, then you will need to file a motion for alternative service and request to do service by publication. You can still get a divorce if you want one.
    Answer Applies to: Arizona
    Replied: 2/14/2014
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    You might want to consider proceeding with a "default divorce". Good luck.
    Answer Applies to: Florida
    Replied: 2/14/2014
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    One way of reaching those who either can't or don't want to be found is to make use of service by publication. Personal service must be attempted before service by publication is proper. The Georgia courts have stated "In order to justify service by publication where the address of the defendant is known, or believed to be known, generally it must be shown that service was attempted unsuccessfully at the defendant's last known address and that personal service was proven impossible." The Georgia Code section O.C.G.A. 9-11-4 allows service by publication, but you have to follow the code section exactly. If not, the divorce decree could then be set aside for fraud.
    Answer Applies to: Georgia
    Replied: 2/14/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You file again, do your best to locate him and when you show the court that you have done your best, you serve him by publication, default him and get divorced.
    Answer Applies to: Idaho
    Replied: 2/14/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    You can still file for divorce. You can do it through a procedure called publication. The publication serves as the means of service on the case. It makes the divorce take longer, but it still lets you move forward with getting divorced.
    Answer Applies to: Ohio
    Replied: 2/14/2014
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