Can I do a divorce by publication myself?

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Can I do a divorce by publication myself?

I got married to my husband in Honduras almost 5 years ago. We then came back to the US to live with my parents until we could get on our own. Shortly after returning, about a month or so, he disappeared. I have not been able to find him since. I do not know if he is still residing in the state where we lived, in another state, or if he even went back to Honduras. He has no family that I can contact. When we first met he told me that he was abandoned at birth and his aunt raised him, however, before we got married his aunt had passed. Well supposedly, as he was quite the good liar. We have no kids and nothing to divide.

Asked on December 22, 2011 under Family Law, Georgia

Answers:

Russ Pietryga / Pietryga Law Office

Answered 12 years ago | Contributor

Yes. The court will allow you to represent yourself pro-se. In Utah, the court has a self-help link on there web site. Check on your states court's web-site and see if they provide this.

Because you are asking to divorce your spose by publication, you will have to show what attempts you have made to serve him personally.  Usually, that requires an attempt to serve at his last known address; mailing copies to relatives; etc. (look at your states code sections to see what is required to serve by publication.)

At a hearing before the court a judge will decide if you have done enough to allow you to serve by publication.

Hope this helps.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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