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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 36573
Experience:  Attorney with 16 years experience
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I married a woman and shortly after I found out that she

Customer Question

I married a woman and shortly after I found out that she lied about her true identity. This caused a lot of turbulence between us. We separated and on a couple of occasions I tried to serve her notice of divorce by way of the sheriffs department to her mothers address. Because I have no known address for her. And her mother lied stating to the sheriffs deputies that she does not know anyone of the two names that I attempted to serve her under. I haven't seen this woman in over twenty years. Mean while for the past thirteen years I've been with the love of my life, and The time to marry her is over due. Can you help me. Please contact me at***@******.***
Submitted: 11 months ago.
Category: Family Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are you asking if you can get divorced without serving her personally with the divorce petition?

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thanks

Barrister

Customer: replied 11 months ago.
Due to not knowing her true name, and not knowing where to locate her. Again she lied to me about what her real name is.
Expert:  Barrister replied 11 months ago.

Ok, then if you can't find this person to serve them with a divorce petition, you can still get divorced, you just have to file a motion with the court and ask the judge to get "service by publication" where you put a notice in the paper once a week for a set number of weeks, usually 3-4, of the divorce petition and then the judge will consider the person served.

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You can then continue on and get a default divorce judgment against your spouse.

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As part of the petition you will have to provide information about the situation and what steps you have tried to locate the person and have failed to do so. Then the judge should grant your request to get service by publication.

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But as an aside, if her true legal name is ***** ***** name that is on the marriage license, then you didn't marry that person so arguably you aren't legally married to anyone..

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However, just to be on the safe side, I would go ahead with the service by publication just to make sure you have a clear and definite divorce on the record.

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thanks

Barrister