Q: How can I divorce my ex without knowing his location and paying to file the paperwork
I am unemployed and have no money to file divorce papers in the courts I also have been seperated from him for over 3 years I have no idea of his whereabouts and have had no contact since we seperated I have tried everything I can to try and locate him and have been unsucessfull please help me get a divorce
A: If you are indigent, you can file a petition for divorce without paying the filing fee, however, you must first fill out a pauper's affidavit and obtain an order from a judge granting you the right to proceed "in forma pauperis."
If you do not know the whereabouts of your husband, he can be served by publication with the divorce petition. You will need an order from a judge allowing you to have him served by publication but first you will have to show the judge that you made a diligent search to locate him which may include contacting his parents, siblings, children, or anyone else who is likely to know where he is.
Even if you are allowed to file the divorce action "in forma pauperis" and serve him by publication, I do not know if the publication fee will be waived.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.