How canI get a divorce from my husband that was deportedif Ihaven’t seen orspoken to himin 14 years?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How canI get a divorce from my husband that was deportedif Ihaven’t seen orspoken to himin 14 years?
He also remarried in his country.
Asked on November 25, 2011 under Family Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There a legal remedy that is available to you in this situation. Basically you can't take legal action against someone with first giving them notice of the action and giving them an opportunity to appear and explain their side. Even in a case of a missing spouse, that spouse must still be informed of the divorce action before it can proceed.
So the law provides for something know as a "divorce by publication". In such a case, the filing spouse (i.e. petitioner) must make a good faith effort to find the absent spouse (i.e. respondent). The petitioner has to present proof to a court that they made a diligent search to find their spouse. At that point the petitioner will be allowed to serve the repondent by publishing notice of the divorce in a newspaper (instead of personally having to serve them); typically it will be in one that is in the area of their last known location.
The respondent will need to file an answer after the first day of publication (usually 30-60 days). If they fail to do so, the petitioner can then file a request to enter a "default divorce". Generally, it is granted upon the terms requested by the petitioner (although the respondent is given a certain time in which they can appeal).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.