How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Steven K. Your Own Question

Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 1634
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
44472555
Type Your Family Law Question Here...
Steven K. is online now
A new question is answered every 9 seconds

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: 3 years ago.
Category: Family Law
Expert:  Steven K. replied 3 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.

Customer :

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.

Customer :

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.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions