I need advice please

[kelly1962]

What is the name of your state (only U.S. law)? ks. I live in ks, my wife lives in fl (supposedly) She refuses to provide an address for divorce papers to be served to her. this is an uncontested divorce. can I file a copy of the divorce papers/petition if she has them notarized there and sends them here. if not what are my alternatives since she is being uncooperative as far as an address.

 

[Zigner]

What is the name of your state (only U.S. law)? ks. I live in ks, my wife lives in fl (supposedly) She refuses to provide an address for divorce papers to be served to her. this is an uncontested divorce. can I file a copy of the divorce papers/petition if she has them notarized there and sends them here. if not what are my alternatives since she is being uncooperative as far as an address.

You don't HAVE to have her address. You will want to research service by publication.

 

[kelly1962]

You don't HAVE to have her address. You will want to research service by publication.

do I have to do a diligent search for her? can she send me notarized copies of the paper work and I can file here? i'm not even sure she is in fl

 

[Zigner]

do I have to do a diligent search for her? can she send me notarized copies of the paper work and I can file here? i'm not even sure she is in fl

Is there a problem with making sure she's properly served? Service by publication is perfectly acceptable and would fit your situation.

 

[single317dad]

do I have to do a diligent search for her? can she send me notarized copies of the paper work and I can file here? i'm not even sure she is in fl

As far as completing the divorce, if you filed a stipulated settlement and she provides signed and notarized proof of her agreement, the judge may accept that and simply sign off on the matter. Some judges will not, and some will. It will help if the agreement is fair (equitable), as that's a requirement for judicial approval. If your agreement is not accepted, you may have to have a hearing, at which she'll either have to be present or properly served notice of the hearing.

As to the service of the initial divorce petition, I agree that you need to serve her somehow. If she won't accept service by mail and you can't manage service by a process server, you'll have to follow the legal procedure and serve her by publication.

If she's self-representing, she could file an appearance and waiver of service with the court. This whole problem could go away if you each (or at least she) got an attorney.

If you don't know where she is, how will you get the paperwork to and from her?

 

[xylene]

If she is not cooperating with legal procedures and is unwilling or not present to attend the proceedings, this is not an uncontested divorce.