How do I get a divorce when I can't find my husband

[angel30656]

What is the name of your state? Georgia
My husband and I separated in June of 1995. I had a very difficult time getting a divorce from him so I gave up. First he didn't want a divorce. After that didn't work he caused an issue at every divorce hearing to get it post-poned. Now I haven't seen or heard from him in five years. How do I divorce him without his consent (reason being I have no way to contact him). I would really like to move on with my life. I have check out the divorces online but none of them seem to fit my needs. We have no children and after 7 years apart, I feel what he has is his and and what I have is mine.

 

[dorenephilpot]

Your state probably has a provision for notice by publication.

What this means is that you can run a legal notice in the newspaper (those funny-looking, tiny-print ads), and this will serve as giving him notice of the proceedings and an opportunity to be heard.

Once the ad runs, according to the requirements of the statute, you can then have a final divorce hearing in his absence.

Hope this information helps!

 

[ahutchGA]

Clarification

Dorenephilpot's advice is correct but I'd like to take it a step further.

It can't be just any newspaper you run the ad in. If I'm not mistaken, it needs to be the newspaper which serves as the county's legal organ.

In smaller towns, this isn't so much a problem, but in big cities like Atlanta or Savannah, you need to know which paper is your county's legal organ.

You can call the newspaper directly and ask, or call the county government. They would know, since they have to post their notices there.

Hope this helps!

 

[dorenephilpot]

Yes, and you have to use specific language, too, and pay attention to a variety of other details.

I didn't go into all the details because every state's requirements are different, and our writer will have to ascertain the specifics on his/her own...

 

[stephenk]

Before you give notice by publication, you HAVE to get a court order allowing the service by publication.

My advice is to save your money and hire an attorney to prepare the paperwork and filing.

You mentioned that earlier you had filed for divorce but your ex was difficult during the proceedings. What happened with that divorce filing? Is it still active?

 

[usmcfamily]

In addition to the information already provided you need to understand there are provisions that have to be met by you to allow for a "notice by publication" -- most importantly you have to be able to show the court you made a "good faith effort" to locate your stbx prior to petitioning for notice by publication. This will include contacting any friends and family of the stbx to inquire as to his whereabouts, searching for info on him (ie phone listings, etc) in areas you "believe" him to be or the last known home of record for him, etc.....