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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).

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Answered in 2 minutes by:
9/27/2017
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,171
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?

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Customer reply replied 10 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?

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Customer reply replied 10 months ago
approximately 18 mos.
Customer reply replied 10 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.

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Customer reply replied 10 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!

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Customer reply replied 10 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.

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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).

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Customer reply replied 10 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.

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Customer reply replied 10 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: 18,171
Experience: Licensed Texas General Practice Attorney
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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.

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