How can I file for divorce if I can not locate my husband?
Full Question:
Answer:
I am prohibited from giving legal advice on how to proceed in a
matter, such as whether to dismiss and refile a divorce complaint. I'm
assuming you have already filed for divorce. It is possible to get a
default divorce judgment if the defendant fails to appear in the case by
filing an answer to the divorce petition. Service by publication in a
local newspaper may be requested upon proof that diligent efforts have
failed to locate the defendant.
Unless the plaintiff is seeking a divorce based upon living separate and
apart without cohabitation for one year, there is a three (3) month
waiting period from the filing of the petition before the court will
grant a judgment of dissolution of marriage. In actions for divorce
based upon the no-fault grounds of separation for one year, the hearing
may be held and the decree issued after the responsive pleadings have
been filed or after the defendant has been held to be in default,
whichever occurs sooner.
If the former spouse is continuing to conceal his location while
communicating threats, it may be possible to trace the phone line or
hire a detective to locate him.