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Reged: 05/25/07
Posts: 4
Worried About Judge's Decision
      #240994 - 05/25/07 02:30 PM

I had a court hearing over 3 weeks ago. I had tried to find my ex via publication in the local newspaper and sending divorce papers to her last known address.

There was no response to either. The divorce papers weren't even returned.

The judge commented "Why didn't you file a missing person's report?" He then said that he would have to "think on it" and look up "other court decisions" before he could make the final decision.

My lawyer didn't mention this to me. I have been separated since June of 2004, and haven't seen nor heard from her since June of 2005.

What do I do if the judge says no? WHY would the judge say no in the first place? I've done everything I can think of in finding her. I have no idea where her parents live because they moved before I even filed for divorce!

I just want to get on with my life. If anyone can give advice or if anyone has gone through the same situation, I would appreciate any response.

Thank you.

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Carpal \'Tunnel

Reged: 07/13/04
Posts: 10468
Loc: West Virginia
Re: Worried About Judge's Decision [Re: datajana]
      #241070 - 05/25/07 03:39 PM

You need to speak with your lawyer and find out what the state statutes are. The judge HAS to abide by the law. So if you can provide the judge with a copy of the law in your state providing the methods of location, and if notice by publication is in there (which is usually is), the judge will have no alternative but to grant the divorce. If your lawyer isn't being helpful, you may need to consider another lawyer.

Char Fox

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