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    redneckboy1184's Avatar
    redneckboy1184 Posts: 2, Reputation: 1
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    #1

    Nov 9, 2008, 12:50 PM
    Girlfriend needs information with divorce
    My girlfriend of 3 years is married to someone that she does not know where he is. We have two childern together. She wants to get a divorce but wants to know if the childern will affect the divorce or how to get one without knowing where he is. Can someone please help?? SCC
    Flaminangel74's Avatar
    Flaminangel74 Posts: 5, Reputation: 1
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    #2

    Nov 9, 2008, 02:25 PM

    You should talk to a lawyer, asking for help won't hurt.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #3

    Nov 10, 2008, 11:04 PM

    Not knowing where the spouse is should not be a major problem- your co-parent (for lack of a better word) merely needs to file for divorce and serve the petition (with a court order typically to authorize it) by publication in the locality in which the spouse last lived. Then the matter can proceed by default. Not a big deal.

    In California (where I practice family law), the spouse (your co-parent's hubby) is a presumed father of your children (surprise!) so I hope you signed a voluntary declaration of paternity (or whatever they are called in Florida) when the children were born.
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