Asked in Divorce for Alabama

Q: I can I get a divorce with kids without spouse signing paper? Domestic Violence is a factor

How can I get a divorce with kids when you not sure that spouse will sign paper? We had been separated for at least 5 years and domestic violence is a factor

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2 Lawyer Answers

A: Sure you can. You simply file a divorce action and serve him.

Lee Wood Borden
Lee Wood Borden
  • Licensed in Alabama

A: Yes, you can get a divorce. There are two ways of approaching it. If you know where your spouse lives, you can serve your spouse with legal process and commence the divorce. If you do not know where your spouse lives and cannot learn his or her residence using the information sources available to you, you can apply to the court to get service by publication in the newspaper that serves your community.

All this can get expensive. If domestic violence is an issue in your marriage, I recommend you reach out to a battered women's shelter in your area. Despite the name, services will be available there even if you are a man. If you do not know how to reach a shelter in your area, you can learn what's nearby at

Typically, shelters like this will not be able to take over your case, but they will have caseworkers who can advise you, coach you, and encourage you through the process. They will also have comprehensive resources for locating and securing a lawyer you can afford.

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