Divorce Question

Updated on June 16, 2009
S.K. asks from Capitol Heights, MD
19 answers

Hello. I am in need of some advice. I have been separated from my husband for 3 years and for the life of me I cannot locate him. He moved from his last address and I have no clue as to where he moved to. I was told by a friend to file for divorce on the grounds of abandonment since he moved out 3 years ago with no communication. I would like to carry on with my life freely, but when I file my divorce papers, how can I serve them to him if I do not know where to send them? Can someone shed some light on this please?

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R.J.

answers from Washington DC on

My friend had trouble getting her ex to sign the divorce papers and she knew where he was, but her lawyer told her that if put a notice in the local paper where he lives and he did not respond she could get a uncontested divorce. Something like that. So, find out the laws for here in VA. You could post a notice in the local paper of his last known address. Hope this helps.

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R.T.

answers from Dover on

what the law firm I work for does is they put an add in the paper where he was last know to live & if he does not respond they proceed as if it is uncontested.

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A.V.

answers from Washington DC on

My mom did that when her ex kept running away from being served. She finally posted it in the paper and was granted her divorce.

RE: support, you can file for back support til 10 years after your youngest turns 18.

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K.S.

answers from Washington DC on

THe court/lawyer will attempt to find him and if they dont then your case of abandonment will stand strong and the court should grant you your divorce. Somewhere down the road he will figure it out. I dont know how long they look for him or how hard they try. You will have to ask your divorce attorney. Catch is: YOU have to pay for the divorce, which might be why he disappeared. Hes cheap too, and a chicken. Glad you got rid of him.
HOpe you get yourself a happy life :)

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E.B.

answers from Washington DC on

I not 100% sure of this my I once heard that you can publicly post the divorce filing in the newspaper and that the spouse has X number of days to respond. I'm sure there is a process for this situation especially because you're not looking to split assets I assume.. Sorry for your circumstances; best of luck!

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S.M.

answers from Washington DC on

You need to get an attorney who can protect you in case this guy reappears. You should go after child support, and even if you can't find it, you need to make sure it is ordered so he will owe. even if you don't want oit, his kids are entitled to it. It just seems like the best thing to do so he CAN'T jus treappear and make demands.

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R.H.

answers from Norfolk on

You don't have to know where he is because you don't have to serve him. The funny thing about this situation is you will be divorced and he won't. So you can remarry and he can't, you pay less than he does because the one filing pays less. He will surprised when he finds out when he either tries to file or talks to you again. But you don't have to know where he is to file and become divorced that is what filing for abandonment means. Good luck with your knew life. Also make sure the school knows you are divorced and you have full custody of the kids.

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S.M.

answers from Washington DC on

I just found a friend that I'd lost for 9 years. I paid about $30 to do an online people search. They had last known addresses and phone numbers and associates. since you know his birthdate and social security number you could probably zero right in on him. And it is legal. Of course I also found out she had died under questionable circumstances - so be prepared for what you may find when you go looking. Google his name and last suspected location. You may find info on him that way. With the internet - people can't just disappear anymore. And for a small fee you can access public records on them very easily. Good Luck! S.

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M.J.

answers from Norfolk on

Go to a lawyer immediately. You don't have to be able to find him to get a divorce. In a situation like this, the lawyer will place a notification in the newspaper where the man was last known to live a certain number of times... and then you will go to the commissioner and get your divorce.

Best of luck in your new life.

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R.S.

answers from Washington DC on

Unfortunately, this can get complicated/expensive - we just had a similar situation and happily found the soon-to-be ex-wife ourselves (as there were no children or shared property, there was no need for an attorney otherwise, for you this is something that your attorney can help you with); what the court requires is evidence that you thoroughly tried to find him. This includes documenting the attempts to find him through any of his friends, family, running an ad in whatever city you think he might be in, stuff like that. Then your attorney will present that to the judge and hopefully they'll say you tried hard enough to find him.

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A.B.

answers from Washington DC on

Did he also leave his job? I would guess that when you file and place include his last place of employment on the form the court would find him and you wouldn't have to be bothered.

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L.A.

answers from Charlottesville on

Unless things have changed in the past few years u have to attempt to serve him at his last none address and then publish an ad in the newspaper that says u are no longer responsible for his debts, etc. After that u can proceed to divorce him with or without his signature.

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K.L.

answers from Washington DC on

I am an attorney and I handle these types of divorces all the time. Yes, you can divorce him without knowing where he is. Unfortunately, I am not licensed in Maryland where you live, only in Virginia and DC. We do provide legal notice by publication in the newspaper and I'm sure Maryland must have a similar process. You cannot get support from him this way, only the divorce. To get child support, you will have to find him. Your local Child Support Enforcement office can help with this.

C.O.

answers from Washington DC on

S.:

Hello and good morning!

I am truly sorry about this situation you are in.

My girlfriend, whose husband disappeared, had to file an ad in three major newspapers - one where he was last known, one where he parents were (since they lived in a different state - the assumption is that a person won't lose contact with his parents) and the other in your local paper.

I would suggest contacting a lawyer to ensure you have done everything "by the book".

I'm curious how a man can just up and leave and not contact his children - you have his social - have you tried running a credit report on him to see what that says? Have you tried contacting the IRS to find out the last W2 - how have you filed taxes in the last 3 years? Haven't your kids asked about their dad? If so - how have you handled those questions?

Now on to your dream business - put a business plan together, go to your bank and try to get a business loan. You can also apply for grants so you can start making your dreams come true.

I hope all works out for you.

Best regards,

Cheryl

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K.K.

answers from Washington DC on

this is why you need a lawyer. seriously. it's an uncontested divorce based on abandonment, shouldn't be expensive (less than $1000 I would think, plus court costs and filing fees), but you have to make sure it's done correctly, and that means consulting a lawyer. it's absolutely true that it can be done, but there are details you don't want to screw up.

good luck!

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D.A.

answers from Washington DC on

Hi. I'm a court reporter and have done these proceedings with similar circumstances.

Depending on the jurisdiction, you can file for what is called an 'ore tenus' or uncontested divorce. Where do you live? D., northern virginia.

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M.W.

answers from Washington DC on

S., here is the link to the Maryland Courts Family Law self-help programs.

http://mdcourts.gov/family/circuitprograms.html

You can call them and ask what the procedure is. Many of the forms are now available online, so you can fill them out in advance and file at your local court house. In MD, the Sheriff's Office will serve papers for a fee. You can file pro se, and there are resources to help you file. Please consult with the courts, because family law is extremely different from state to state.

Since he has abandoned you, there may be some way to bypass the need to find him. Checking with an attorney may be a good idea.

B.C.

answers from Norfolk on

Why don't you post your question on:
http://www.findlaw.com/
I have no idea if you have to/need to search for him via internet directories or hire a private eye to look for him.
Does he have any parents or other family members that might know his current whereabouts? If you could find out if he has died, you would not need a divorce but I don't know if you'd be held responsible for any debts he might have run up (there's a statute of limitation on that, but it varies from state to state).

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A.K.

answers from Washington DC on

I think University of Maryland in Baltimore law school has a legal clinic that is either free or cheap; sounds like you need solid legal advice.

My husband got a divorce many years ago in a different state by posting a legal notice in the local newspaper for three weeks in a row. No response from absent spouse, and the court granted the divorce. Don't know if Maryland has a similar policy, though.

I wish you best of luck moving forward with your life!

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