Divorce

[TheBlackTruth]

<font color=darkblue face=verdana>I have a cousin who is being all but economically terrorized by her "husband" whom she has been unable to find (not even to serve with divorce papers) for over a year.



This frustrates me because the only reason this is even a problem is because of the Marriage License (contract). Does anyone have any ideas/experience in dealing with the cancellation of such a contract without the other party being present? Can her signature be rescinded and have that act recognized by the court?



-BT[/color]

[gregtu]

BT, have her write a letter to the judge...that usally all the needs to be done unless there is property or children involved.

[TheBlackTruth]

Originally Posted by gregtu

BT, have her write a letter to the judge...that usally all the needs to be done unless there is property or children involved.

<font color=darkblue face=verdana>

There are children, yes, but he doesn't seem to take much of an interest in them. At any rate, dissolution of the marriage doesn't really affect parental rights to custody anyways, so I don't see much of an issue on that front.



What would you suggest the content of this letter be? It must be some sort of motion or petition for declaratory judgement I would think.



-BT[/color]

[gregtu]

The only problem with that is the father still has rights. I'll get back with you on the letter.

[Ice]

Use the papers to notify the husband of a court date for divorce proceedings. He does not have to be "found" for a divorce to take place. As long as notice is served, which can be published in a newspaper at his last known location, the divorce proceeding will run its course. If he doesn't show up -- Default.



The husband that can't be found is probably the best situation for her to be in. If she can demonstrate that he is liable ( that he CAUSED any debts -- he'll get stuck with them and she will be relieved of the responsibility for those debts ). And then there is child support and / or maintainance plus court costs and lawyers fees that can be dumped on the hidden husband.



You have no need to be concerned if her husband "can't be found". Check the law of your state for the specifics regarding "service". Then get one of the liars... er ... uh ... lawyers and watch him do his magic. The run away husband won't be found until the divorce is granted... and then when he is found ... well, I'd hate to be in his shoes.



Please read my past posts on subjects similar to this. It is my personal opinion that we should all behave as adults. But I am beginning to see that some refuse to do so and therefore need to be "spanked". Help your cousin get the spanking accomplished.



No letter to anyone --- just see an attorney and get the job done. End the terrorism -- He'll get saddled with the debts he's created -- and some of hers as well, if they involve the upkeep of the home and the care of children ( he'll get saddled with them because he is supposed to be a "responsible" parent ).



Now you're all saying "wow !! " Ice said get an attorney ! I suggest it in this situation because she could be done in about 45 days. Otherwise, do the research, file for divorce, perform service via publication, etc. -- a "do it yourselfer" which will take MORE TIME. This is a good situation for a lawyer type.

[bulldozer]

In reguard to the children, if you can show that the father has had no contact, or not paid child support within a year, that is considered adandonment and the father technically gives up his rights to the child. However in my case there was court ordered child support, the father has given up his rights, but the court order still stands and the child support is due to the tune of 15 k.

[TheBlackTruth]

<font color=darkblue face=verdana>Thanks Ice and others.



I will take that information to heart. It actually sounds like much of this is something that can be done by a skilled paralegal, since most of it seems to be just paperwork documenting service, attempt to locate and default. What do you think about that? Since $$ are limited, I'm wanting the most efficient and inexpensive route available.



-BT[/color]

[Ice]

In response to the $$ -- remember, the husband can get stuck with "attorney fees" and such.



But, yeah, you could use a paralegal. But practice appearing in court while you're at it.