Q: What is the procedure for divorce in the state of Tennessee when the husband has returned to Mexico?
The wife is pregnant and the child does not belong to the husband. Can she simply run a notice in the newspaper or is it not going to be that easy? She cannot afford to hire a lawyer. Any assistance is greatly appreciated.
A: You can file here and serve him the papers at his last known address or his address in Mexico. If you don't know where he is he can be served by public notice in the newspaper. There are a few things that may make the filing more complex. Get a good divorce attorney that will advocate for your rights and help you through the process.
A: Please be advised that service of papers in a foreign country, especially one that is a party to international treaties between them and the U.S. or international agreements such as the “Hague Convention on Service Abroad” and the “Inter-American Service Convention” is different than in the USA. Service MUST be done in strict compliance with treaties, i.e. you cannot have a regular process server or other person not acting under the jurisdiction of the Mexican court system serve the person or it may be later invalidated.
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