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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116785
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I married my spouse feb.12 2010 while he was in the county

Customer Question

I married my spouse feb.12 2010 while he was in the county jail, in which he later moved onto finish a 3 yr sentence in prison. We never consummated our marriage or had physical contact while married. ( We had a no contact order enforced by the court due to the fact that we were both involved in the same crime. Legally I was not supposed to even speak to him.) I left him 1/2 way through his prison term and filed for divorce in June 28 2012. My spouse was released from prison Oct. 2012. We had a court date Feb.14, 2012, in which the judge requested we go to the family law office to do a status conference. We left that day and did not meet with anyone at the family law office because the wait was horrendous I think because it was Valentines Day. Anyway, since then my spouse is no where to be found and is presently running from the law. I have reason to believe he fled to Mexico. I need to file for finalization of my divorce, which I would think would be very simple being that we have absolutely no assets, property, children, ect. to split because we never even lived together as a married couple. I went to the courthouse a few months ago to receive help, however they referred me to a finish my case workshop. I have not had time to do it. Is there a way I can do this without attending a 8 hour workshop??? if so, how? My case will be closed 1/2016! Thanks so much for your time!!!
- Aimee
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You must go to the workshop, whether you have time or not, because if your case expires you have to start all over again and pay again. The issue is he was served previously and now if he cannot be found and you can prove you have exhausted all reasonable means to locate him, then the court can and will grant the divorce by default. So just because he cannot be found now does not mean you cannot get the divorce. However, the workshop is mandated by law for pro se litigants. If you want to try to avoid it, you need to engage an attorney to represent you and let them complete handling the case and getting the order of divorce I am afraid.