What do I do if I want to get re-marry but can't find my ex husband won't sign the papers? 12 Answers as of May 24, 2013

I got married in April 2011. We broke up not even a year later because he cheated numerous times. Being that I have major health issues, I find it unsafe for me to go through court hearings and all that stuff. He moved back to his parents in another state. He refuses to tell me his location and he refuses to sign any papers. I moved on and am ready to remarry, what do I do?

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Law Offices of Frances Headley | Frances Headley
He does not have to sign anything, you need only be able to serve him. You should consult a family law attorney about service alternatives and how to obtain a default judgment.
Answer Applies to: California
Replied: 5/24/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You have to file for divorce and use your best efforts to find him and have him served. It may require the use of a private detective.
Answer Applies to: Idaho
Replied: 5/23/2013
Danville Law Group | Scott Jordan
Hire an attorney to represent you at court. Take you husband's default and obtain a default judgment of divorce.
Answer Applies to: California
Replied: 5/23/2013
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Get an attorney and file for divorce. If he cannot be located you can ask the court for alternate service. If you cannot go to multiple court hearings you will need an attorney and it will cost $$ you will have to go to at least 1 court hearing.
Answer Applies to: Michigan
Replied: 5/23/2013
Webster & Associates | Anita Webster
You will have to file a complaint and serve him with the complaint. You will have to make an attempt to find him and serve him through a process server who will complete an Affidavit of Due Diligence if he cannot locate him. If the process server cannot locate him you will then need to use the Affidavit of Due Diligence to ask the court for permission to publish in a newspaper of general circulation for 4 weeks, enter a default judgment and proceed with the divorce that way. If the process server can locate him and serve him then he would need to file an Answer timely or again you would need to proceed with the default process.
Answer Applies to: Nevada
Replied: 5/23/2013
    The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
    You should consult with experienced family law counsel to discuss your situation. It is possible to obtain a dissolution through the publication of the Summons, but there are strict rules involved. I do not believe it will be possible for you to obtain the divorce without attending at least one court hearing. If you do not have your marriage either dissolved or annulled, then you would have to lie to obtain a marriage license.
    Answer Applies to: Arizona
    Replied: 5/23/2013
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    File a complaint, hire a PI to find him and serve him in the other state. Then when he does not respond, default him. There are a lot of steps and you would be well advised to hire a lawyer.
    Answer Applies to: New Jersey
    Replied: 5/23/2013
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    He can be served by publication if you can show the court by affidavit that you have made a diligent effort to locate.
    Answer Applies to: Georgia
    Replied: 5/23/2013
    Kunin &Carman | Ishi Kunin
    You have to file for divorce. There is no way around that.
    Answer Applies to: Nevada
    Replied: 5/23/2013
    John Russo | John Russo
    Can't Marry until you are divorced, he has to sign nothing I don't know where you are getting that from, if that were the case no one would get divorced. Find out where he lives and have him served with process read the rules for domestic relations in your jurisdiction, you are not getting through this asking questions on these sites so if you won't retain counsel at least try and understand some of the procedural rules of the court.
    Answer Applies to: Rhode Island
    Replied: 5/23/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    You file for Divorce and have him served by substitute service via his last known address. At the end of 20 days, you have the Court enter Default summarily dissolve the bonds of matrimony.
    Answer Applies to: Nevada
    Replied: 5/23/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If he will not cooperate with an uncontested divorce and sign documents, you will have to file a contested divorce petition. Consult with an attorney regarding the jurisdictional issues and how you would go about filing for divorce and serving the documents.
    Answer Applies to: Georgia
    Replied: 5/23/2013
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