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mkc1959, Family Law Attorney
Category: Family Law
Satisfied Customers: 616
Experience:  Practicing attorney with 26 years of experience.
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My husband and I were married in January of 1999. He is

Customer Question

My husband and I were married in January of 1999. He is Filipino and had been in the states 6 months past his Visa, so we got an attorney and was told that he would have to go back to the Philippines and apply over there to come back to the states. The attorney said he would have a 3 year ban from the U.S. for overstaying his Visa, but that he could apply for a waiver since we are married. So in April of 1999, he went back to the Philippines. As of about 5 years ago, I have no idea where he is. I would like to get a divorce and need advice on how to go about it. I would also like to get my maiden name back as well.
Submitted: 1 year ago.
Category: Family Law
Expert:  mkc1959 replied 1 year ago.

you can get a divorce in Arizona. you will tell the court that you cannot locate your husband. You will tell the court that he has been gone for all the years he has been gone. notice will have to be provided to your husband. But that will be done by publishing a notice in your local newspaper. It is very likely your husband while not get actual notice but that is not required under the law. you should get a local attorney there in Arizona to help you get the divorce completed. Please let me know if you have additional questions.