How doI divorce a missing person?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How doI divorce a missing person?
I am Japanese and got married in NJ. I and now move back to Japan since my husband and I didn’t get along. I don’t know where he stays now, but he was in Atlanta the last time I talked to him(about 3 years ago). His contact number has been changed and I have no way to reach him. Can I still file for a divorce in the United States? If so, what state should I file since I’m not living in the states and my husband’s residency is unknown.
Asked on October 4, 2010 under Family Law, New Jersey
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You are not a resident or Citizen of the United States, correct? Then I would seek help from an attorney in Japan to obtain a divorce in your country and to file it in the United States. Here is your problem on whichever continent you do this: you need to be able to prove that he had notice of your filing for divorce. In the United States you would need to do a "due diligence" search for him and then possibly publish in a newspaper your intent to get divorced. How that works in Japan is unknown but I would think that you would still have to locate him or make an honest attempt to locate him. This is a very tricky thing her and it may be best to find him, have him agree and have an uncontested divorce filed. Good luck.
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.