Q: How do I file for divorce with a spouse who was deported to Mexico over 10 yrs ago?
He was convicted of a sex crime.
I've had.no contact for over 10 years.
There are no assets.
No children were born
A:
Yes, you can divorce a spouse who is missing in Mexico. Without any assets or children, it even becomes easier to do so.
You will have to file an affidavit with the Court, swearing that you made a good faith effort to locate your missing spouse. You will need to show that you exhausted all possible options to find your missing spouse. Once this accomplished it will be a divorce by publication.
Once you have published your notice of the pending divorce action, your spouse has until the date of default (published within your notice) to respond to the summons. If your spouse does not respond within this time frame, your divorce proceedings will continue without him. You will be required to attend a hearing with a divorce judge, and your divorce will most likely be granted by default.
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