How do I go about getting a divorce if I’ve been unable to find my husband for the last 9 years?
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How do I go about getting a divorce if I’ve been unable to find my husband for the last 9 years?
Asked on February 15, 2016 under Family Law, Utah
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
In this type of situation, you can "serve" a divorce complaint o your husband via a notice "by publication". This is a legal remedy employed when the respondent (your husband) cannot be located by the petitioner(you). In order to obtain a divorce by publication, you'll need to perform a diligent search for your missing spouse in the same general location in which he was last known to reside (you can search DMV records, vot registratio records, the telephone book, ec.). If your search fails to locate him, you can then apply for the court to issue an order of publication. Once the judge signs off, a legal notice will be sent to the newspaper named in the order. If your spouse doesn't respond within the allowed timeframe (typically 30-6- days), you can file the divorce by "default". Then, in approximately 2 to 4 months you should receive your final judgment.
Since so uc of this is state specific, you really should consult directly with a local divorce lawyer. They can best further advise you.
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