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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6536
Experience:  Family Law Attorney
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I want to file for divorce. Its a No Fault Divorce. Weve

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I want to file for divorce. It's a No Fault Divorce. We've been separated since 2000 with absolutely no contact. I'm on a fixed income and I want to do it myself. How do I do this? I don't know where he lives in the state.

LADY LAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you today. Please give me a moment to review your question and to answer you.

LADY LAWYER :

Do you have any children?

Customer :

No ma'am.

LADY LAWYER :

Thank you. In what county do you reside?

Customer :

You're welcome. I live in Logan County.

LADY LAWYER :

Thanks. Give me just a moment to see if the clerk has the forms you will need online.

Customer :

Ok thank you.

LADY LAWYER :

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.

LADY LAWYER :

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.

Customer :

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.

LADY LAWYER :

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.

Customer :

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.

LADY LAWYER :

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.

LADY LAWYER :

Yes, ask for any forms or instructions you will need to petition for service by publication.

LADY LAWYER :

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.).

Customer :

Oh wonderful. I didn't have any idea that there was even a possibility of waving the fee or getting any assistance.

LADY LAWYER :

Yep :)

Customer :

Do you know how the waiver of the filing fee works? Income based or just like... just if you get lucky? lol

LADY LAWYER :

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.

LADY LAWYER :

They will generally want a pay-stub, w-2 or tax return, yes.

LADY LAWYER :

So income-based.

Customer :

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.

LADY LAWYER :

I understand completely. It can be overwhelming!

Customer :

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.

Customer :

Hopefully clicking accept doesn't close the window, but if it does.... I hope you have a blessed and wonderful New Years :)

LADY LAWYER :

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!

LADY LAWYER and 3 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
I don't want to take up any of your time unnecessarily but I didn't see your reply so I wanted to just say thanks once again. I don't mind paying at all, especially when it seems that someone actually cares and is really doing a great job, like yourself. I'm happy to pay. Also you're providing a service that otherwise I could never afford that only makes it more worthwhile and a plesant experience. I wish I could pay you 100.00 instead of just 35. Without your help, I'd still be googling and getting nowhere lol :) So thanks SO much and may He bless you abundantly.
Thank you for your kind words. May He bless you abundantly as well ;)
Customer: replied 6 years ago.
Hello there. You left this open so that I could ask you if I needed any more help once I spoke with the people at the court house. I told you in my original question that I was on a fixed income. It's because of a disability. We don't have a vehicle and we live on the far outskirts of the town so I have to walk up to the court house. I've not been able to walk up there yet because I've been having a lot of trouble with my joints being swolen and very painful. Too much for me to walk that far. So I'll go ahead and try to complete the steps you asked about in the email. That way you can go ahead and close this out if you want to. I just can't get up there until my body chills out a little. Thanks so much!
Hope you don't mind me asking, but what have you been diagnosed with?
Customer: replied 6 years ago.
I haven't been diagnosed for the physical problem. I've had some doctors speculate that it's Lyme Disease.... but so far nothing's been confirmed. I can't get a doctor who'll listen to me and really check it out and figure out what it is. I'm overweight so every time I see a doctor, they take one look at me and say that it's arthritis.... but never fully check.

I'm on SSI because I'm bipolar with anxiety disorder that casues me to have pretty bad panic attacks around people. The panic and anxiety coupled with the pain of trying to actually -do- a job kept throwing me into crying fits that I couldn't stop at work. I tried to get my SSI on the physical side of my problems because I needed to have that base so that I could get a doctor to really try to figure out my problem. They denied based on the physical stuff (a simple physical exam is all they based it off of). But approved based on the mental. So I still haven't found what's wrong exactly.
Customer: replied 6 years ago.
Of course. :)
Thanks.
Customer: replied 6 years ago.
Ok I sent something.
Thanks. I am not where I can email right now. Just an FYI, you don't need to respond to this thread unless you have more legal questions--it puts it back in my unanswered que. Thank you!

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