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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 2363
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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My husband and i have been seperated for 3 years, hes dying,

Customer Question

My husband and i have been seperated for 3 years, he's dying, I cant contact him, we share no assets, (if we could get in touch we'd already agreed to uncontested divorce) there is nothing to split no hard feelings. But i dont know if he is alive or dead now and need to know how to get a divorce or what to do.
Submitted: 6 years ago.
Category: Family Law
Expert:  Steven K. replied 6 years ago.

Steven Kincaid :

Thank you for allowing me to assist you. Can I ask your reason for wishing to divorce him if you know that he is dying? The reason I ask is twofold. First if your marriage is almost ten years long you might benefit from remaining married until the ten year mark because you would then qualify to collect Social Security on his account when you reach retirement age, provided he would have received more than you.

Steven Kincaid :

The second reason is simply that it is simpler and less expensive to terminate a marriage by death.

Steven Kincaid :

To determine if he has died, you can check the Social Security death index. There are many private agencies that publish many of these names online for free or you can contact Social Security directly.

Steven Kincaid :

If you are determined to file for divorce and you cannot find your husband but believe him to be alive, you can serve him by publication.

Steven Kincaid :

If you want to look online I find that the best free search engines for finding someone are www.yb.com and www.whitepages.com.

JACUSTOMER-aq2y2ceu- :

well originally i wasnt going too.... I felt too much like a douche. Our marriage was on 21 april 2007. Part of it is if he is still alive and i cant find him.. well how can i post by publication if we're in different states (i dont even know if he's still in texas, im in california) and this goes with the reason why i decided to bring the divorce back up with him (we were going to before he found out about his cancer) but Im leaving the country in the next few months and was planning on marrying someone else to be honest. My husband and i are on completely amicable terms and the divorce isnt an issue. We agree on everything and everything was separated long ago. So understanding time frame and procedure (since it seems hard to find on that subject) if i cant find him is more the key issue.

JACUSTOMER-aq2y2ceu- :

also i dont know his ssn

Steven Kincaid :

Publication can be done in the area that you last knew him to be living.

Steven Kincaid :

Here is a link to the statute describing the requirements of service by publication.

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