COPE
recently joined
Reged: 05/09/05
Posts: 3
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Hello,
First off I am new here so please bear with me!!!To make a long story short I am doing this research for my girlfriend well and me to of course..
My girlfriend was married in the state of Texas.The seperated and he moved to Virginia.She has no current address on him but has his families address.My Girlfriend submitted a divorce pettition and certified mailed it to her husbands family.The mans brother signed for the certified letter.
What we need to know is what can she do?Neither of us know what rights she has or what she can do?Can she fill abandoment?or what could she do???They seperated in 2003 and he moved to Virginia.Any advice or help or where to turn to would be greatly greatly appreciated!!!!We would like to get married ourselves but cant until this is resolved..Thank You...
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TNmom
journeyman
Reged: 04/21/05
Posts: 72
Loc: Tennessee
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If he can't be found, you can serve notice in the local paper from where they were married. After a certain amount of time and no response then you can file for a divorce on grounds of abandoment. You may want to contact an Attorney just to see how it needs to be worded. They should tell you this without any charge.
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mommynurse
Carpal \'Tunnel
Reged: 03/26/05
Posts: 4386
Loc: Indiana
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I think that either the ad has to run for 30 days or he has 30 days to respond. I can't remember which! If noone else has the information, I will call my friend (who divorced that way) and get clarification for you.
If he does responds and prolongs the divorce process, your GF can request that the judge signs the papers for him. That is what happened when I got divorced. The judge split all assets/debts and neither of us had any say in the matter. But, it sounds like she has washed her hands of that man and couldn't care less about splitting anything, so this shouldn't be a problem for you all.
Good wishes on your marriage!
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Handed lemons? Find someone else who was handed Vodka and have a party--Ron White
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COPE
recently joined
Reged: 05/09/05
Posts: 3
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If noone else has the information, I will call my friend (who divorced that way) and get clarification for you.
If you could do so we would greatly appreciate it....Thank You for your help......
Edited by COPE (05/11/05 12:38 AM)
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mommynurse
Carpal \'Tunnel
Reged: 03/26/05
Posts: 4386
Loc: Indiana
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She had to show proof that she had attempted to serve papers to the last known address for him. She also placed an ad in the paper (once) that included how to contact her atty and allow "reasonable" time for him to respond. In her case, they waited 30 days, but she didn't think that much time was required. She submitted proof of her attempts to contact to the judge and he signed the papers.
Hope this helps!
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Handed lemons? Find someone else who was handed Vodka and have a party--Ron White
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helpmeplease
journeyman
Reged: 05/23/05
Posts: 68
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Yes - my experience has taught me that there are means around that - legal viable means - around one who will contest what you are trying to do
Now let me state this for the record
I am a Christian - and to many of you - that does not matter much - but to me it does - so - the reaons I say this is to say - that I am not telling her what to do - I am simply telling her my experience
Now - back to your question - can one file a divorce in a way in which to avoid agrument by the other party involved
The answer is - yes - by all means
Let me share my story
He lived in Nebraska - I lived in Texas
In his state - they had a provision in the law that stated - that if you publically serve someone in a newspaper for a said amount of time - then you have 'given them public notice of your intent' to sue them
So he served me in a 'private publication business journal' - that was by subscription only - and it was resident to his state
Second - when he drafted the terms of his petition - he kept it quiet - so quiet that I had no idea - he had anything cooking
Third he served me at the last DOT address on file - in the state of my birth and used it as 'the last known address' for me
So when the service came back 'return to sender' - he was justified in being awarded all that he asked in his petition - as it was totally "non-contested"
Fourth - he held on to the document until the statute of limitations on them expired and then 'he miraciously' realized where I was living in Texas - and sent me a copy
Understand?
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