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David L
David L, Family Law Attorney
Category: Family Law
Satisfied Customers: 3255
Experience:  Practicing family law attorney in multiple jurisdictions
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We want a divorce but my husband plans to just up and leave,

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We want a divorce but my husband plans to just up and leave, never come back, never contact me, leave no contact in. We have no children. We have a house (underwater)
in both our names. How do I get a divorce if he bails and I have no contact info?
Hello and welcome! My name is XXXXX XXXXX I will be assisting you. The quickest way to do things is for you to file and get him served now, while you still know where he is. Once you get him served, even if he leaves, you can continue without him and get the case finished. If you wait to file until after he disappears, there is a certain amount of due diligence required to try to find him and get him served with the papers. However, at some point if you are unable to find him, there is a process of serving a party by publication in a local newspaper. Thus, even if he leaves, it will still be possible to go through with your case.

Regarding the home, it depends on your ultimate goal. If you want to keep it, you can continue to make the monthly payments. If it is so far underwater that you ultimately will let it foreclose, then you might stop paying on it at some point in the future. The lender would then foreclose on it and take it back.

I hope this information is helpful, but please feel free to post additional questions or comments if I can assist you further. My goal is that you are 100% satisfied with the service you receive from me.
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