Proceding with divorce

I'm from Ohio. The wife left on a trip to N.C. on 9/18 and forgot to come home. It's now 10/26. she came back to Oh. for a while, but is now back in N.C. I have filed for divorce, but we are having trouble locating her to have her served. What happenes if she remains unreachable? What actions can my lawyer take? Am I going to have to wait until we can track her down to end this mess?
Thanks,

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cjr

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by sea_bee:
[b] I'm from Ohio. The wife left on a trip to N.C. on 9/18 and forgot to come home. It's now 10/26. she came back to Oh. for a while, but is now back in N.C. I have filed for divorce, but we are having trouble locating her to have her served. What happenes if she remains unreachable? What actions can my lawyer take? [/b]<HR></BLOCKQUOTE>

Why not ask him ?

I intend to ask him, and would have if he were in town. He won't be back until Monday. I ran across this web site and wondered if anyone else had the same problem, and what the outcome was.


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cjr

Not to make fun of your situation but i laughed at the way you said that she "forgot to come home"!!

Well, Justlooking, I'm glad someone thinks it's funny, I sure hell don't. I still haven't received an answer for my question. I thought there were lawyers on this site to answer questions. This is just another chat site.
By the way, my sister just bought another place in Slidel. She also lives in Clairmont Harbor.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by sea_bee:
[b]Well, Justlooking, I'm glad someone thinks it's funny, I sure hell don't. I still haven't received an answer for my question. I thought there were lawyers on this site to answer questions. This is just another chat site.
By the way, my sister just bought another place in Slidel. She also lives in Clairmont Harbor.[/b]<HR></BLOCKQUOTE>

There are lawyers on this site, and good ones at that. They are probably still at work and will answer your question as soon as they see it. Believe me they will okay.I wasn't making fun of you but it was just that one comment. I'm sorry. I don't live in Clairmont Harbor so what does your sister have to do with me?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by sea_bee:
[b] I'm from Ohio. The wife left on a trip to N.C. on 9/18 and forgot to come home. It's now 10/26. she came back to Oh. for a while, but is now back in N.C. I have filed for divorce, but we are having trouble locating her to have her served. What happenes if she remains unreachable? What actions can my lawyer take? Am I going to have to wait until we can track her down to end this mess?
Thanks,

[/b]<HR></BLOCKQUOTE>

My response:

While you will be getting the full details from your attorney, you won't have to "hunt her down" or "wait for her to surface". You have a right to be divorced if that's what you want.

Once the Petition has been filed, and you and your attorney have declared your "diligence" to locate her, and all efforts have failed, then the Petition gets published in a newspaper of general circulation nearest to her last known address. If she fails to see the Legal Notice, or sees it, but fails to respond, then your default, and all of your wishes concerning property division, etc., will be granted.

Now, please bear in mind that what I'm telling you is very simplified, and I'm only telling you so that you can have your question answered, and to get a "flavor" of what to discuss with your attorney. He/she may have a different idea, suggestion or advice. Always follow your attorney's advice.

This method is VERY costly, both in terms of attorney's fees (because this method takes a lot longer to prepare) and also because of the costs of publication. Consider it the legacy that your wife has left you - - higher costs. You can figure, conservatively, that these extra steps will cost you $1,500.00 more, than if she was readily available for service of process.

Like I said, your attorney will give you the actual details, point by point, of what is required to prepare this for you.

Good luck to you.

IAAL



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She has nothing to do with you. I was just making a comment. I was just in Slidel a couple of weeks ago, at my sisters. Seems like a nice town.

Thank you IAAL,
This answers my question. I will of course be discussing this with my lawyer Monday, but at least now I have an idea what to expect. Thank you again.