Family Law Questions? Ask a Family Lawyer Online.
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Do you have any children?
Thank you. In what county do you reside?
You're welcome. I live in Logan County.
Thanks. Give me just a moment to see if the clerk has the forms you will need online.
Ok thank you.
Okay, so Logan does not have them online, which means you will have to go to the county court house to the family law division and ask for a paket for a "divorce with no minor children." The packet should have all the instructions in it, but basically, if you do not have an address for your ex, you are going to have to petition the court for what is called "service by publication." This means, that after you have made a "reasonable" effort to locate this man, you are going to ask the judge to allow you to "serve" him by publishing the fact that you are asking for a divorce in the newspaper. He may or may not see the paper, but it satisfies the "service" requirement anyway. Once that is done, the judge will just grant your divorce by default, unless, of course, your husband finds out about it and contests it for some reason.
Please just let me know if you have any more questions. If not, please don't forget to click on the green accept button in the answer box so that I can receive credit for helping you. It is the only way I can receive compensation for my time and it will charge you nothing further to press accept. Thanks so much.
Well I do have one question about that. In this packet, it will most likely ask me for information about my ex that I don't know. In those cases do I just leave those empty or write unknown or something? I wouldn't want to fill it out wrong.
You would leave it blank because you are going to technically be trying to find him to have him fill that part out. If you can't find him, the judge will allow service by publicaiton and will still grant the divorce even without your husband's financial info. If you have his full name, DOB, SS# XXXXX any other information you feel to be correct, you should add that in.
All I have is what's on the marriage license. Would I just ask them when I pick up the packet how I petition for service by publication? Over the last few years I have made attempts to find him but I've found 6-8 different addresses all in different cities but couldn't find any dates for when he was in those places last so I wouldn't have any idea which one of those places is current.
Also, I wanted you to know that the filing fee is $140 as of 2010. If you are suffering financial difficulties and you cannot afford the filing fee, you may petition the court for a waiver of the fee. The clerk should have the info on this as well. The petition for waiver of the filing fee must be made and granted before filing your Complaint for Divorce.
Yes, ask for any forms or instructions you will need to petition for service by publication.
If you have trouble with any of the forms, your court house may offer a self-help center where attorneys can assist you at a very, very low rate (like $15 for 30 mins, etc.).
Oh wonderful. I didn't have any idea that there was even a possibility of waving the fee or getting any assistance.
Do you know how the waiver of the filing fee works? Income based or just like... just if you get lucky? lol
I can also leave this question open after you press accept and you can come back to this page to ask for more information at no additional charge.
They will generally want a pay-stub, w-2 or tax return, yes.
That would be wonderful. I'd like to go up there Monday and check on this. I've felt kindof like an idiot being separated for 11 years. People look at me kindof stupid. I just couldn't afford a divorce.
I understand completely. It can be overwhelming!
Yes it can. And embarrassing lol. You've been wonderful. It's taken me a while to even swing the $30 to ask the question here and you've been well worth it. I -really- really appreciate it.
Hopefully clicking accept doesn't close the window, but if it does.... I hope you have a blessed and wonderful New Years :)
Oh my goodness--you are so welcome. I wish I could just help you for free but the site processes the money and I have nothing to do with it. Even if I told someone not to press accept, it would just mean that the site would keep all of your deposit and I would get nothing. So that wouldn't benefit you or me! But God bless you and Happy New Year to you too!