What are the steps to take to get a cheap or free divorce if the husband is not present?
Wednesday, December 16th, 2009 at
7:36 pm
I have been seperated for 10 years and have tried to get a divorce but either I can’t find him and when I do, he says he will sign the papers and when sent to him he doesn’t. I started full time school so I only work part-time, therefore, can not really afford anything to pricy. He has already been ordered to pay prescription drugs online without prescription child support (which he doesn’t) through the attorney general. I’m wondering if someone can help me. I am in desperate need for help. I haven’t spoke to him in a year so I do not know if he is at his last known address.
I think the only way to go is file for divorce without him. Can I do this? Please help!!!!!
You need an attorney, bad news but the only way to go. Each state has different laws on how to do this. In my state (and I almost had to do this) I would have had to put an add in the local paper of every city that I knew he lived in previously saying that I was looking for him, then if by a certain date I did not hear from him then my attorney would have had to draw up a document to appoint someone as a curator to act in his absence and then the divorce will be granted.
I had hoped my ex would be incarcerated because if they are incarcerated some states will grant a divorce immediately.
What worked for me was a white lie. I found his address….had him served the day after Thanksgiving by federal express (I figured he would be off of work and my hunch paid off…he was there and he signed for the package) and when he opened it I had the divorce papers there and told him on a note "you have officially been served, when you signed the fedex slip, now if you don’t sign and return the documents within 7 days, then a hearing will be set saying you were served and if you don’t show up, you will be in contempt of court and a warrant will be issued for your arrest" Well, that did the trick and he signed and returned them to me that day. I had been trying for THREE years to get him to sign them, he always said he would but never did because he was too lazy to go to a notary. Anyway, everything I wrote to him was a lie, but he didn’t know that and it worked for me, so if you can find his address it might work for you too.
Good luck.
Retain an attorney. Many will do it low cost if they know that it won’t be terribly involved. Alternately go to the local Family Court that would preside over your case and discuss it with a caseworker; they can help you with getting your paperwork in order.
What you’ll be wanting to petition the court for is an "uncontested" divorce settlement or dissolution (if there are property or custody issues).
You could also search online for divorce proceedings in your area…most courts have the paperwork, process and filing fees listed online.
That question would best be answered by a local lawyer. If you’ve been separated for 10 years, then there should be some way you can post it in the newspaper or something like that. And he has a certain amount of days to respond. If he doesn’t respond and if he does. they can do something about it. When you find an answer let me know because my mom is going through a similar situation, except she’s been separated for almost 16 years.
Good Luck!
depends on the state, pay an attorney to type everything up, file it, put unknown location for your husband. I know you can do that here in Ohio, my friend found out she got her divorce by someone telling her it was in the newspaper, or she read it, i can’t remember which..
yes you can, look up divorce do it yourselfs on the internet for your state. there are parts where the whereabouts of the spouse are unknown so it is and will be a fast and easy divorce. i would not mention that you have spoken to him recently. noone can stop you from getting a divorce. mine cost about 250 dollars and took around 2 months to get it finalized. i did mine myself and it was a little confusing but i got through it.
Usually local and state government websites contain a link to forms downloads for forms that can be filled out and properly filed at your local county court house for certain fees which vary from state to state and even from county to county. Call around to the various county courthouses and ask the prices for filing fees. Since you have children.. your divorce is going to be a bit more costly than one with no children. Also there are a few websites of divorce lawyers who will answer one or two questions for free.
God bless you and your children and take care.
he dont have to sing the papers
go get a lawyer and tell him/her what is going on
Yes, this can be done! If there were not children involved, I would say you could do it alone. With them, though, having a lawyer is in their best interests. Contact your county’s legal aid office. They can tell you in just a few minutes if you are eligible for free legal services. If not, you may need to contact a local attorney. Expensive? Yes. But it will be worth it.