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Trying to Divorce an Absent, Homeless, Jobless, Alcoholic/Addict

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hessie30

Junior Member
What is the name of your state (only U.S. law)? South Carolina

We have been married for 18 yrs. and we have 1 14 yr. old son. Husband is MIA and hopefully stays that way if he's still drinking and using. I could not stand the insanity of it all anymore so we got out. We have no court orders in place for child support but I have all his check stubs from about a year ago and his SS info. showing what he's made over the last 15 yrs. or so. My question is what needs to be done in my state to divorce him by publication? I would like to request child support but will a judge order that with him not there and not knowing where he is? I did the child support calculator and putting in $1 for his income would give me a whopping $100 a month. I carry full coverage health insurance ( actually son is double covered because he has a progressive eye diesase) so that's not an issue with me. My husband also will not be fighting me for custody or anything actually so I'm lucky in that respect. Visitation will be when husband is sober and not using drugs so you can imagine how much he actually sees dad. That's my rule for the safety of son and both son and husband know I will not compromise on that. Husband is currently homeless living in his van and hustling and conning each day to do what he does.

I need to do my own divorce and it kinda seems easy but imtimidating making sure I have the right paperwork filled out and in order when I turn them in to the clerk of court. We have been seperated over a year so I'm just looking to do a no fault divorce.

The things I want are this: full and sole custody of son
child support - court ordered(if possible)
1/2 expenses for braces

Is that unreasonable to expect to get these things with an absent, drug addicted spouse? And do you think a judge would go for that or should I just ask for the divorce and let the rest go except for full and sole custody. I will not budge on that at all - our healthy lives depend on me keeping that boundary with him.

Ok any questions, comments or advice is very welcomed and appreciatedWhat is the name of your state (only U.S. law)?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? South Carolina

We have been married for 18 yrs. and we have 1 14 yr. old son. Husband is MIA and hopefully stays that way if he's still drinking and using. I could not stand the insanity of it all anymore so we got out. We have no court orders in place for child support but I have all his check stubs from about a year ago and his SS info. showing what he's made over the last 15 yrs. or so. My question is what needs to be done in my state to divorce him by publication? I would like to request child support but will a judge order that with him not there and not knowing where he is? I did the child support calculator and putting in $1 for his income would give me a whopping $100 a month. I carry full coverage health insurance ( actually son is double covered because he has a progressive eye diesase) so that's not an issue with me. My husband also will not be fighting me for custody or anything actually so I'm lucky in that respect. Visitation will be when husband is sober and not using drugs so you can imagine how much he actually sees dad. That's my rule for the safety of son and both son and husband know I will not compromise on that. Husband is currently homeless living in his van and hustling and conning each day to do what he does.

I need to do my own divorce and it kinda seems easy but imtimidating making sure I have the right paperwork filled out and in order when I turn them in to the clerk of court. We have been seperated over a year so I'm just looking to do a no fault divorce.

The things I want are this: full and sole custody of son
child support - court ordered(if possible)
1/2 expenses for braces

Is that unreasonable to expect to get these things with an absent, drug addicted spouse? And do you think a judge would go for that or should I just ask for the divorce and let the rest go except for full and sole custody. I will not budge on that at all - our healthy lives depend on me keeping that boundary with him.

Ok any questions, comments or advice is very welcomed and appreciatedWhat is the name of your state (only U.S. law)?
Its not legally unreasonable under the circumstances to want full custody. Its also not legally unreasonable to want child support and 1/2 of braces covered by the other parent.

However, from a purely practical standpoint, it may be unreasonable to assume that you will ever be able to collect from a homeless, jobless, drug and alcohol addicted ex.

I would also recommend that you get an attorney to handle the case.
 

hessie30

Junior Member
I can't afford an attorney. I just need to know how to do a divorce by publication. And if it's even worth it to ask for the child support and braces or should i just ask for the divorce. I guess I need to at least have a consult with an attorney. I have no extra money at all to put towards a lawyer and I don't mind doing the legwork.
 

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