divorce/custody

[desperate fordivorce]

Indiana-i need some advice on getting a divorce.me and my husband seperated over 2 years ago,we have two children together.there has been physical and mental abuse,and in jan. of this year,he asked for a overnight visit and left state.i have the children now,but he wants them back.i have no idea where he is at at the present time, how do i get divorced and what do i need to do?

 

[lawrat]

you need a lawyer to take care of the divorce and custody order. as long as he has custody and there is no court order saying otherwise, what he does is not kidnapping.


http://www.attorneypages.com

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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

 

[Mann]

In Indiana you have to wait a minimum of 60 days after filing to obtain a divorce. I'm not sure how its handled if you do not know his whereabouts. It may be possible to place a classified under "Notices" and if he does not respond, then you can proceed without him and therefore gain custody.

I live in Indiana and got divorced about 3 years ago. (Not a lawyer)

 

[dorenephilpot]

In Indiana, you can divorce someone whom you cannot locate by giving service (notice) by publication.

You run an ad in a local newspaper for three weeks in a row, and that is sufficient to satisfy the notice requirements here.

The Indianapolis Recorder has the cheapest rate ($82) in Marion County, but it still satisfies the circulation requirement. If you run it in the Indianapolis Star, it's about $500. OUCH!

And you DO need to file and an order from the court concerning the custody of the kids. Otherwise, he can continue to take the kids, and it's not a crime because there's no court order stating otherwise.

Hope this helps!