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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111450
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am trying to get a divorce but i think husband is trying

Customer Question

i am trying to get a divorce but i think husband is trying to leave without it before i can file my papers
Submitted: 10 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question for us about this matter?
Customer: replied 10 months ago.
i need to know what happens if he leaves the state before i file
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
If he leaves the state before you file, then you would need to get a process server in the state where he runs off to in order to try to serve him. If you do not know where he is hiding out, then you would prove that to the court and you would ask the court to allow service by publication and the court will allow you to publish the notice in the paper. Then if he does not answer the suit you file a motion for divorce and community property division by default and the court will grant you everything you ask for.
As far as getting money or support from him at that point, you would then have to find some way to locate him and file the judgment in the state where he is hiding to seek enforcement against him such as garnishment or seizure of his property.
If you think he is going to do this, it is best if you get an attorney as soon as possible to get the divorce filed now and have him served as soon as you can, because the above process becomes complex, time consuming and could be costly.

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