Can I do this on my own?

[mominsc]

What is the name of your state? South Carolina

My husband and I have not seen one another since April, 2001. We have no property together, no children together and nothing to fight over (unless he's won the lottery - just kidding). I don't know where he moved to or how to even begin to try to locate him. I want to officially divorce him and really didn't see a need to get an attorney ($$$) since to my knowledge this should be as simple as it gets...other than me not knowing where he is. Is this process something individuals can do on there own? Are there certain forms or outlines I would need to follow? Also, if he filed for divorce wherever he may be, how would I know this had taken place? Is there a "database" with this information? I appreciate the help...I want to put an official end to this chapter of my life. Thanks again.

[LdiJ]

Originally Posted by mominsc

What is the name of your state? South Carolina

My husband and I have not seen one another since April, 2001. We have no property together, no children together and nothing to fight over (unless he's won the lottery - just kidding). I don't know where he moved to or how to even begin to try to locate him. I want to officially divorce him and really didn't see a need to get an attorney ($$$) since to my knowledge this should be as simple as it gets...other than me not knowing where he is. Is this process something individuals can do on there own? Are there certain forms or outlines I would need to follow? Also, if he filed for divorce wherever he may be, how would I know this had taken place? Is there a "database" with this information? I appreciate the help...I want to put an official end to this chapter of my life. Thanks again.

You really need an attorney. It shouldn't be horribly expensive but its complicated to handle a divorce when you don't know where the other party is...without an attorney.

[Mister Darcy]

You could just wait a few years and have him declared legally dead.


SECTION 20-1-540. Adjudication of presumed death. [SC ST SEC 20-1-540]

When a person has been married in this State or was living with his or her spouse in this State after marriage and the one has left the other and has been absent from the other for seven years, without the latter knowing or hearing anything about such absent spouse, the abandoned spouse may by an action in the court of common pleas or other court of competent jurisdiction serve the absent spouse by publication in the manner provided in §§ 15-9-710 and 15-9-740 and bring the issue as to such facts before the court of common pleas or other court of competent jurisdiction. And when it shall be satisfactorily established to the presiding judge of such court or to a jury on an issue sent to the jury by the judge that such absent spouse has not been heard from for seven years the complaining spouse shall have an adjudication of the issue and such absent spouse shall be conclusively presumed dead in so far as any children or kindred resulting from any marriage of the abandoned spouse during such absence may be concerned, notwithstanding the fact that such absent spouse may later appear alive. The reappearance or return of the absent spouse shall not alter such adjudication or invalidate or upset any subsequent marriage entered into by the abandoned spouse.

[Gracie3787]

Originally Posted by mominsc

What is the name of your state? South Carolina

My husband and I have not seen one another since April, 2001. We have no property together, no children together and nothing to fight over (unless he's won the lottery - just kidding). I don't know where he moved to or how to even begin to try to locate him. I want to officially divorce him and really didn't see a need to get an attorney ($$$) since to my knowledge this should be as simple as it gets...other than me not knowing where he is. Is this process something individuals can do on there own? Are there certain forms or outlines I would need to follow? Also, if he filed for divorce wherever he may be, how would I know this had taken place? Is there a "database" with this information? I appreciate the help...I want to put an official end to this chapter of my life. Thanks again.

Call your local Bar Association to get a consult with an attorney. Since there's no property or children you might be able to get a divorce by publication. Read the legal notices in the paper, quite often you'll see notices for divorces when the petitioner doesn't know where thier spouse is at, that's called service by publication. I'm not real sure, but I believe that SC is one of the states that allow service by publication. Either way, a short consult with an attorney will be the best thing you can do.