My husband abandoned me 4 years ago

[stacyb286]

What is the name of your state (only U.S. law)? OH

Long story short, my two kids were from a previous marrage. The house sold 3.5 years ago. We have nothing together, I don't know where he is. I heard after a certain amount of time maybe a magistrate could make a ruling w/o me paying for an atty that I can not afford.

 

[mistoffolees]

You can get a divorce by publication, but it's not something that you can just ask the magistrate to do. You need to follow the procedures very carefully and it is likely to require an attorney.

If you have any idea where he is, it may be easier to track him down and file for an uncontested divorce.

 

[LdiJ]

What is the name of your state (only U.S. law)? OH

Long story short, my two kids were from a previous marrage. The house sold 3.5 years ago. We have nothing together, I don't know where he is. I heard after a certain amount of time maybe a magistrate could make a ruling w/o me paying for an atty that I can not afford.

It honestly doesn't work that way. You can get a divorce by serving him via publication, if you truly cannot locate him to serve him, but it generally works much better if you have an attorney.

The good news is that if you have to do it via publication, the attorney generally doesn't have to spend a great deal of man hours on the divorce, and therefore its often fairly reasonable in cost.

Make a good faith effort to track your ex down (via family, friends, online people searches etc.) and keep good documentation of your efforts. Then go get a consult with a local attorney to see how much they would charge you to handle the divorce.

If you are able to track your ex down, you may get lucky and discover that he has already divorced you.

 

[stacyb286]

What about legal aid? do people really do 'pro bono?' The atty I talked to said it would cost even more because of running the publication $1500 her fee, $400 court cost, $400 publication

 

[LdiJ]

What about legal aid? do people really do 'pro bono?' The atty I talked to said it would cost even more because of running the publication $1500 her fee, $400 court cost, $400 publication

That is a lot less expensive than a contested divorce.

Talk to a few more attorneys. Study the court rules and proceedures for your county to see if you can possibly handle doing it without one.

You could also try Legal Aid to see if they will assist with that kind of divorce.

Are you getting a tax refund? That might be a good investment for your tax refund dollars.

 

[stacyb286]

Husband abandoned

what about legal aid? Do people still do work 'pro bono'. I can try hard to locate him.

 

[mistoffolees]

What about legal aid? do people really do 'pro bono?' The atty I talked to said it would cost even more because of running the publication $1500 her fee, $400 court cost, $400 publication

LOL. $2300 is nothing compared to a contested divorce. I spent closer to $10,000 - and mine wasn't even hotly contested. I'm sure my ex spent something similar.

Look in your phone book to see if there's legal aid in your area and then call them to see if you qualify. No one's going to do your homework for you.

As for pro bono, you simply have to call some attorneys and ask. Frankly, not very many are going to do a divorce pro bono. Some of them might work out a payment plan for you, though.