Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

The grounds for an irretrievable breakdown, will not work.

The grounds for an...

The grounds for an irretrievable breakdown , will not work. I, am the ex-wife of Mr. Laurence E. Starita, and I am the one helping him try to start the process for a divorce.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Mississippi

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It has been impossible to contact the wife. He had stated to me that she left the day of the marriage. Actually she left around two weeks after the marriage. Friends and family, have been trying to help him find out anything about her. She did actually did tell me that she wanted to marry him for a green card. We did contact immigration and local law enforcement, but they were unable to help. She has used many aliases (sp).

Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
9/27/2017
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,696
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. To be clear, can you tell me what your specific question is?

Ask Your Own Family Law Question
Customer reply replied 5 months ago
Since he cannot use the ground for irretrievable breakdown of the marriage, what course should he follow?

How long has there been a physical separation?

Ask Your Own Family Law Question
Customer reply replied 5 months ago
approximately 18 mos.
Customer reply replied 5 months ago
He, actually thought he would hear from her.

Understood. Thank you for that additional information. Please give me a few minutes while I type a response. I am still here with you, but it does take a bit of time to type a complete response.

Ask Your Own Family Law Question
Customer reply replied 5 months ago
No problem.

It's true that for "irreconcilable differences" you have to have personal service or waiver of service on the other party. But he can file based upon a "fault" based cause. Per MS Code § 93-5-1 (2013)

Divorces from the bonds of matrimony may be decreed to the injured party for any one or more of the following twelve (12) causes:

Fourth. Willful, continued and obstinate desertion for the space of one (1) year.

If she's been gone more than 1 year, he files based upon desertion. He doesn't need to know where she is, get her consent, etc... All he has to do is prove that she has deserted him more than 1 year.

Does that make sense?

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Ask Your Own Family Law Question
Customer reply replied 5 months ago
he will have to seek a personal lawyer to settle this problem.

Not have to, but to do it on his own is a steep learning curve. The reason is that she'll have to be "served" by publication, which means first trying to serve her by personal process server, then showing the court that he did everything possible to try to find her but couldn't, then getting permission from the court and then finally serving her through publication in a newspaper. It's not a simple process.

Ask Your Own Family Law Question

Now he could pay an attorney to draft the documents and he files them himself. And he should contact some lawyers that advertise in the Yellow Pages for simple divorces (they should be able to do that).

Ask Your Own Family Law Question
Customer reply replied 5 months ago
Can, Completecase help with this process?

I'm not sure. That's a different website than JustAnswer. I'm not familiar with the products that they have there. But if they can produce forms for a fault based divorce (abandonment) then I would suppose so.

Ask Your Own Family Law Question
Customer reply replied 5 months ago
I, was directed to you from their website. You, have been most helpful, but I, must contact them and seek answers.

As far as their product is concerned, yes. The legal questions I can help with, and I'm glad I was able to answer that.

If there's nothing else, please rate this answer.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,696
Experience: Licensed Texas General Practice Attorney
Verified
ScottyMacEsq and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,696
17,696 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

ScottyMacEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I have a few questions regarding family law (divorce) in
I have a few questions regarding family law (divorce) in Washington state. … read more
Ray
Ray
Lawyer
Doctoral Degree
31,396 satisfied customers
My husband and I are going to separate and divorce. We are
My husband and I are going to separate and divorce. We are NH residents who plan to relocate to Ontario in the near future. How do I determine how much spousal support I'll be expected to pay? My husb… read more
LegalGems
LegalGems
Juris Doctorate
11,062 satisfied customers
I have a family law issue. I have a divorce decree in NYS. A
I have a family law issue. I have a divorce decree in NYS. A separation agreement is incorporated into that decree. The agreement calls for the sale of the marital residence. The house was sold and my… read more
Ray
Ray
Lawyer
Doctoral Degree
31,396 satisfied customers
My wife abandoned our marriage of six years in 2006. But for
My wife abandoned our marriage of six years in 2006. But for a return visit of two weeks in 2008 she left and never returned. I want to divorce officially now and wonder if I can. … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,917 satisfied customers
My wife wants to abandon our marriage. What do I? She gave
She tested positive for trick and leaving because she said I told her to leave… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
156 satisfied customers
My daughter is separated and considering divorce. She would
Hello, My daughter is separated and considering divorce. She would like to know what, if any rights she has in a divorce proceeding as her immigration papers are not completed yet. She was living with… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,233 satisfied customers
If a business came into marriage is it part of the divorce
If a business came into marriage is it part of the divorce ownership n name never changed at marriage … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,332 satisfied customers
We spoke yesterday regarding Family Law Custody and Divorce
Hello Chris. We spoke yesterday regarding Family Law Custody and Divorce issues in Florida. I have another question in that regard. Is this the place where I ask you that question?… read more
Ray
Ray
Lawyer
Doctoral Degree
31,396 satisfied customers
Its family Law, a divorce one child who is 16 yrs old.
Its family Law, a divorce one child who is 16 yrs old … read more
Ray
Ray
Lawyer
Doctoral Degree
31,396 satisfied customers
This is a family law question. My wife has filed for divorce
This is a family law question. My wife has filed for divorce and we have been married for more than 20 years. However, for the last 7 years, she has forced me to live in the basement and alienated my … read more
LegalGems
LegalGems
Juris Doctorate
11,062 satisfied customers
Family Law/Divorce/Separation: I live in Pennsylvania. My
Family Law/Divorce/Separation: I live in Pennsylvania. My wife of 28 years has moved out complete about 3 1/2 months ago. She has moved out on about 3 other occasions stating various reasons such as I… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,259 satisfied customers
I am middle of divorce and my family law attorney said there
I am middle of divorce and my family law attorney said there is nothing much we can do anymore about property issues for companies in family court. I am looking for the way to make a claim in civil co… read more
LegalGems
LegalGems
Juris Doctorate
11,062 satisfied customers
Family Law Questions regarding divorce/name change/adoption,
Family Law Questions regarding divorce/name change/adoption … read more
socrateaser
socrateaser
1,031 satisfied customers
I have question re: Family Law/Divorce and a QDRO around
I have question re: Family Law/Divorce and a QDRO around Pension to ex-spouse? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Family law attorney with international divorce expertise(
Second opinion] This question is for a family law attorney with international divorce expertise( not an immigration attorney)I married my wife in a South American country 15 years ago and sponsored he… read more
Ray
Ray
Lawyer
Doctoral Degree
31,396 satisfied customers
In Arizona with regard to a family law case (Divorce) if
In Arizona with regard to a family law case (Divorce) if there is a property award that should not have occurred because the property is seperate non communal (Gift) and I have filed a notice of appea… read more
socrateaser
socrateaser
1,031 satisfied customers
I am divorced but in a family law court over marriage
I am divorced but in a family law court over marriage settlement of property. At each hearing the judge has made decisions and ordered me to pay more alimony, more fees for the opposing side and not o… read more
Maverick
Maverick
Doctoral Degree
6,134 satisfied customers
Have a family law question, basically short marriage (less
Have a family law question, basically short marriage (less than 3 years) with twins and spouse earning well. Question - which state is best for divorce considering ALL factors as below1. Least Length … read more
Ray
Ray
Lawyer
Doctoral Degree
31,396 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x