Missing Spouse Moved Abroad

[johhele]

What is the name of your state? What is the name of your state? Pennsylvania

Hi, I am new here and I need some advice.
I have been married for about 10 years and I separated from my wife few months after the marriage. We have been living in different states since then. She has never lived in Pennsylvania. We have never had any property or child in common.
I'd like to get divorced now and I can’t find her. Her office in California told me she went back a couple of years ago to her native country, Australia, leaving no information behind.
Of course now trying to find her in a different country with no information whatsoever and her willingness not to be found, will be extremely hard and expensive.
Pennsylvania divorce law states that, in a case of a missing spouse, you should make “a diligent effort to locate her”. What is in this case considered “diligent”? Putting an ad on a California’s newspaper doesn’t make any sense and searching for her in Australia, not knowing where she resides, is a waste of time and money.
Should I ignore that I know she is abroad and put an ad on the newspaper, after which I can file in court?
Please advice.
Thank you
Jo

 

[seniorjudge]

When you file your divorce, your spouse will be served by publication under PA laws. Your lawyer will be able to guide you in all the details. It happens all the time, and should be no problem, especially since you have no real estate or kids. You will, of course, wind up with all the debts y'all have, if any.

 

[johhele]

re: missing spouse moved abroad

thank you. I was trying to avoid getting a lawyer if the case is so simple.
how can a lawyer serve her if she is not found?
and my question was more: should I put an ad on the newspaper in California knowing she is not there anymore and proceed when I won't have any answer from her?
thanks for your support

 

[stealth2]

thank you. I was trying to avoid getting a lawyer if the case is so simple.
how can a lawyer serve her if she is not found?
and my question was more: should I put an ad on the newspaper in California knowing she is not there anymore and proceed when I won't have any answer from her?
thanks for your support

This is why you need a lawyer. Service by publication is.... publishing it in the paper. Every state has specific laws as to what is acceptable and indicates a diligent effort. A lawyer will be able to tell you what is required.

 

[seniorjudge]

Q: I was trying to avoid getting a lawyer if the case is so simple.

A: Check with the court clerk and see if they have forms for pro se divorces.


Q: how can a lawyer serve her if she is not found?

A: I answered that in my prior post.


Q: and my question was more: should I put an ad on the newspaper in California knowing she is not there anymore and proceed when I won't have any answer from her?

A: I do not know what is considered a diligent search in PA. That's why I highly recommend that you hire a lawyer. This is not a DIY deal.

 

[johhele]

re: missing spouse moved abroad

thanks to all for the suggestions. Sincerely.
But allow me a breif comment out of my current frustration.
Have you ever thought why people write on these kind of forums? My answer is "in a an attempt to be empowered through shared knowledge that is otherwise not available to the average person". A power to knowledge that personally I believe is a due.
Two people kindly answered my question and both suggested as a first step to hire a lawyer. Brilliant!
If I had the money to hire a lawyer, I would have done so 10 years ago, instead of trying to find my way out here on the forum.
It is unacceptable to me that I cannot find by myself what "diligent effort" exactly means for the Pensylvania code.
When you are the little guy, you systematically get screwed.
Obviously you are not "little" otherwise you'd know what I mean.
Thanks anyway for taking the time to answer.
Jo

 

[seniorjudge]

thanks to all for the suggestions. Sincerely.
But allow me a breif comment out of my current frustration.
Have you ever thought why people write on these kind of forums? My answer is "in a an attempt to be empowered through shared knowledge that is otherwise not available to the average person". A power to knowledge that personally I believe is a due.
Two people kindly answered my question and both suggested as a first step to hire a lawyer. Brilliant!
If I had the money to hire a lawyer, I would have done so 10 years ago, instead of trying to find my way out here on the forum.
It is unacceptable to me that I cannot find by myself what "diligent effort" exactly means for the Pensylvania code.
When you are the little guy, you systematically get screwed.
Obviously you are not "little" otherwise you'd know what I mean.
Thanks anyway for taking the time to answer.
Jo

http://www.pabar.org/

Call these folks and find out if you can get a pro bono (i.e., free or cheap) lawyer.

You shouldn't be disappointed since you got completely accurate and absolutely legal answers.

There are just some things which require a lawyer and this is one of them.


Q: It is unacceptable to me that I cannot find by myself what "diligent effort" exactly means for the Pensylvania code.

A: See if the Pennsylvania appeals courts and supreme court decisions are online and search on the phrase "diligent effort" and "dissolution of marriage." The answer is whatever the appeals court decides what it is.

 

[stealth2]

The problem is that this WOULD have been relatively simple if you'd bothered to deal with it 10 years ago. And you COULD have done it on your own, without an attorney. But now, it's no longer a simple situation. Hence the need for an attorney. Neither SJ nor I have anything invested in giving you that advice. But it's no longer a DIY project.

 

[johhele]

re: missing spouse moved abroad

thanks Seniorjudge.
I know the answers were accurate and legally valid, just I had no way out with what you proposed.
I will follow the advice. I searched everywhere but in the appeal and supreme court decisions. Thanks for the help.
jo

 

[johhele]

The problem is that this WOULD have been relatively simple if you'd bothered to deal with it 10 years ago. And you COULD have done it on your own, without an attorney. But now, it's no longer a simple situation. Hence the need for an attorney. Neither SJ nor I have anything invested in giving you that advice. But it's no longer a DIY project.

why today it's different?

 

[stealth2]

Because 10 years ago you KNEW where she was. Now you don't.

 

[johhele]

Because 10 years ago you KNEW where she was. Now you don't.

guess you are right... thanks

 

[seniorjudge]

why today it's different?

Because you knew where she was!

 

[seniorjudge]

Because 10 years ago you KNEW where she was. Now you don't.

johhele, that was an easy question!

 

[johhele]

johhele, that was an easy question!

sorry...
didn't mean to be funny here
thanks
I will try the Pennsylvania BAR