Can a judge allow a divorce if the other spouse is unavailable?
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Can a judge allow a divorce if the other spouse is unavailable?
I have not seen or spoken with my husband since he severely beat me 5 years ago. I need a divorce but am unsure how to go about it. I received a paper in the mail stating that he is a fugitive from justice. I am not sure for what but it I do know that he went AWOL from the Army multiple times. We have 2 children but I left them in my father’s care when I left my husband. Can a divorce be done inexpensively and hopefully quickly if no one is able to locate him?
Asked on February 23, 2012 under Family Law, Georgia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can file your petition for dissolution of marriage with the court and since you don't know your husband's whereabouts, he can be served by publication. Service by publication is running a notice of your divorce petition in the legal notices section of a newspaper for a requisite period of time. The required period of time for running the notice in the newspaper varies from state to state. The court clerk can tell you how long the notice has to appear in the newspaper for it to be valid service by publication. Service by publication is valid even if your husband does not see the notice in the newspaper.
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