Q: Can I get a divorce from my husband if we live in different states and can't find him. Have had no contact in 10+ years
I have been separated from my husband for 13 years, and have not had any contact with him in over 10 years, and don't know where he is or how to contact him in anyway. We were married in Syracuse NY I now live in NJ.
A: Yes, it doesn't matter where he lives or if you cannot find him. An experienced matrimonial attorney can handle this obstacle with the proper procedures. The sooner you retain counsel the sooner you will be able to be free to get on with your life.
A: Thank you for your question. The answer is YES, you can get divorced under those circumstances. There are procedures that need to be followed, which an experienced matrimonial attorney can explain to you. The best course of action is to consult with someone that specializes in family law so you can get advice tailored to your situation. The sooner you start, the sooner you will be done and you can move forward to the next phase of your life.
A:
The short answer is yes you can get divorced from him.
The process requires the filing of a complaint for divorce.
After the complaint for divorce is filed, your lawyer needs to undertake a good faith effort to locate him for service of the complaint.
If as a result of that process, the lawyer cannot locate him, then an application is filed with the court permitting substituted service of process upon him by publication through the newspaper, etc.
After the publication, your lawyer will then prepare an application for entry of default and file a request to enter default.
After default is entered, your lawyer will file a proposed form of judgement and you and your lawyer will go to the courthouse for the default judgement hearing - where the court will enter a divorce judgement using your proposed form of judgement.
To do it correctly, you need to hire a family law attorney to handle it. If it's done wrong, you will go around and around in the court system and not get a default judgement entered.
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.
