How can I divorce my deported husband?
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How can I divorce my deported husband?
I would like advice on how to go about getting a divorce my husband who was deported about 3 years ago. He was deported back to Mexico. I am not sure if he resides with his family Mexico or if he has since moved else where. I have no way of finding this out since I
have no contact information for any of his relatives in Mexico.
Asked on March 18, 2017 under Family Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can use a legal tool known as "divorce by publication". This is a legal remedy used in this type of situation. In any legal proceeding, action can't proceed against someone without giving them "notice" of the proceedings. This gives them the chance to appear and explain their side. In a divorce action, when a spouse can't be located, they still must be notified of the action before it can go forward. Divorce by publication typically works as follows: the the filing spouse (i.e. the "petitioner") must make a diligent effort to find their missing spouse (i.e. the "respondent"). The petitioner will have to present proof to the court that they made a good faith effort to locate their spouse. Once they have convinced the judge of this, they will be allowed to serve their spouse by publishing notice notice of the divorce in a newspaper chosen by the court (as opposed to personally serving them). As a general rule, the respondent will have 30-60 days to file a reply. If they fail to do so within the specified time, the petitioner will file a request to enter a "divorce by default". The respondent will be given a certain time limit in which they can appeal but if they do not, then the divorce will be granted on the terms as requested by the petitioner. In your case, since your husband is living out of the country, the notice requirements will be a bit more complicated. Consequently, you'd be well adviced to hire an attorney who has experience in this type of divorce.
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