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A.D. Barnett
A.D. Barnett, Lawyer
Category: Family Law
Satisfied Customers: 414
Experience:  Attorney since 1994, experienced Divorce Attorney, Child's Attorney, Adoption, Guardian ad Litem
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I need to get a divorce but I have been apart from her for

Resolved Question:

I need to get a divorce but I have been apart from her for over 15 years. I thought when we went to court after the separation that it was for divorce and for child support but it turns out it was only for child support. I was planning on getting married and I have been put through the ringer trying to get the "divorce" papers so we could get married. I now know that there aren't any, only support papers. I do not know where my ex or soon to be ex is living. I only know she is in the state of Florida.What do I need to do to get the divorce as fast as possible?
Submitted: 5 years ago.
Category: Family Law
Expert:  A.D. Barnett replied 5 years ago.
Good morning! I believe I can help you.

That is a terrible shock. I am so sorry this happened to you. Believe it or not, you can still pursue a Petition for Divorce. What you will do is pursue a default judgment (which is what is awarded when the other party doesn't show up for court).

I know you don't know where she is, so notice is a problem. However, if you show the court that she has disappeared and you've made reasonable efforts to find her, the court can allow you to pursue notice by publication, which is where you simply put a legal notice in the appropriate newspaper or legal journal. Of course, the reality is she'll never see it, but you can show you did what you could to let her know what you were doing and that will keep her from trying to vacate the judgment later on the grounds that she wasn't given an opportunity to be heard.

Clearly, this is an unusual situation and you won't want to try this by yourself. Talk to a local family law attorney and explain your situation. He can then pursue what is necessary to get the judge's permission to pursue without your wife signing off. Since it won't be a drawn-out, contested matter, an attorney won't be too expensive and you can have the peace of mind that things were done right this time.

Best of luck! If I helped, please click "accept." Thanks!
A.D. Barnett, Lawyer
Category: Family Law
Satisfied Customers: 414
Experience: Attorney since 1994, experienced Divorce Attorney, Child's Attorney, Adoption, Guardian ad Litem
A.D. Barnett and 16 other Family Law Specialists are ready to help you

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