I doubt that the judge will ask you to prove that your husband is not in the military, nor expect you to provide evidence of that, since you had to serve him via publication.What a bunch of nonsense!
First, my case was already "properly" filed long ago. The judge's clerk has to review the pleadings to be sure they're correct before a court date will even be given. My pleadings were reviewed for correctness and I was given a court date over a month ago.
Second, anybody who knew the answer to my question could have written "no, you won't need to prove that," or "yes, you will need to prove it so you'll need to find a witness." How hard is that? I wasn't asking for detailed instructions about how to litigate a complicated class action lawsuit against Big Tobacco. My lord. What "level" do you think I need to be at in order to understand the "yes" or "no" that would have answered my question?
Third, is an answer to my "basic question" really far more help than anybody on this board can supply? Sadly, you seem to be right about that last point. It appears to be a case of the blind leading the blind over here.
Tell you what: When I find out the answer I'll let you know so you can actually help somebody else who may come here with the same question in the future. Sound good?
If the judge asks, simply explain that you haven't seen him in 10 years, and that as far as you know, he had no intentions of joining the military.