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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I need to divorce my husband whos not legal here, no social

Resolved Question:

I need to divorce my husband whos not legal here, no social and lives in Germany. I have no way of serving him papers. We never did any interviews to make him legal. We married five years ago and he went back home two months after marriage.
Submitted: 5 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

Who specifically is stating that you need to have him be served? Do know where he is, can you find him in Germany, or you have no idea where he is located?
Customer: replied 5 years ago.

When I went to court to get paperwork they said I would need to serve him. I only know that he's in Germany and have no address for him.

Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow up.

Have you attempted to find him?
Customer: replied 5 years ago.
I have contacted him by Facebook. He will not give me an address to have him served. He knows I want a divorce but refuses to help by giving me an address so he can sign. Instead he tells me sign it myself.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

This is an unfortunate situation to be in. If you had no idea where your spouse was, and you had no means of finding out, no contact, and no communication, you could conceivably pursue a "default divorce", claim you could not find him, and then show the judge that via reasonable means and measures you attempted to find him (such as newspaper listings, service at old address, and contact via social media. Because you found him, you would not be eligible here because the default option would no longer exist as he was formally found by you. There there is no other real option but to attempt service overseas. Signing off as him would be forgery, a felony, and you would be well advised to NOT pursue that course of action.

Good luck.
Customer: replied 5 years ago.
Relist: Other.
THere has to be a way to divorce someone besides searching in Germany for them.
Expert:  Dimitry K., Esq. replied 5 years ago.
My apologies if you are not happy with my answer but US law is clear on this fact--if you can find your spouse you MUST serve him, as he is entitled to his day in court. It used to be one party divorces were never granted, and only recently the rules have changed to the point where divorces where one party is available is even permitted. I realize you do not like my answer, but it is based on US law that you cannot side-step.

Take care.
Customer: replied 5 years ago.
Even if he has no social security number and isnt a citizen of the US
Expert:  Dimitry K., Esq. replied 5 years ago.
That has nothing to do with being legally married, sorry. A person can be married to a US citizen while not being a US citizen. It happens fairly often, since having an SSN is not a prerequisite to marriage (at least to a non-citizen).

Good luck.
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