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We want a divorce but my husband plans to just up and leave,

never come back, never contact...
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?
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Answered in 5 minutes by:
8/1/2012
David L
David L, Family Law Attorney
Category: Family Law
Satisfied Customers: 3,255
Experience: Practicing family law attorney in multiple jurisdictions
Verified
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.
David L
David L, Family Law Attorney
Category: Family Law
Satisfied Customers: 3,255
Experience: Practicing family law attorney in multiple jurisdictions
Verified
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David L
David L
David L, Family Law Attorney
Category: Family Law
Satisfied Customers: 3,255
3,255 Satisfied Customers
Experience: Practicing family law attorney in multiple jurisdictions

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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