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I have been unable to serve my husband with divorce papers and my court has approved my request to have it published in a newspaper. Problem is no one seems to be able to tell me how to write it. I cannot afford a lawyer and he most likely will never even see the ad.
Any suggestion?
The Court should have the format - it has to be in a certain format, no question.
The newspaper should also know - although I wouldn't necessarily trust them 100%.
What State? I have some of the forms in my office.
Oh, so when I receive my papers in the mail (any day now), they should come with instructions?
The Newspaper didn't know.
I am in Ca. The state I have to file in is Tn
I meant to say "the state I have to publish the divorce in is Tn"
My (soon-to-be-ex) husband has recently confessed to my sister about 4 murders he committed, she also has a voice recording of him confessing to raping her. He has warrants out for his arrest in Ga for Larson and Endangering a Security Officer. He has tried to kill me while I was pregnant with our son. He has threatened my life and also threatens to kidnap our children. He is constantly leaving messages for me against court order with family and friends. I would like to remove him from our daughter's birth certificate, thereby revoking his parental rights. Can anyone tell me the process on that? Would it require a lawyer? If so, how would I go about finding a pro bono lawyer who handles that kind of case.
Thanks.
You probably can NOT remove him from the birth certificate.
You MAY have a case for termination of parental rights based on the fact that he may be a danger to the child.
Get a lawyer--you'll need one regardless.
No, you cannot legally remove a name from a birth certificate and strip that parent of his/her rights.
You need - as Synnen said - a good Attorney to go about protecting you and your child legally.
I live in California and have a really simple divorce case. However, my husband is a very dangerous man. He has recently confessed in an email to my sister about 4 murders he committed. He also confessed in an email and voice recorded conversation to raping her. He has warrants all over the place; has tried to kill me while I was pregnant, and still continues to make threats even though he's in Tn and I am in Ca. He continues to break the restraining order I have against him by leaving messages with friends and family. He is on probation for aggrivated assault and so on and so forth.
I ran for my life 6 months ago from him and am on welfare and don't know how to find a lawyer I can afford or maybe someone who does pro bono work. Any idea where to start?
Thanks.
As noted, you have no grounds for removing him from the birth certificate. But if you can prove what you said, you should be able to obtain a Termination of Parental Rights.
You would probably be better off having a lawyer prepare it, but you might be able to get away with doing it yourself, if you can document all you have said here.
Consider a Battered Women Help Line. They will be able to point you in the right direction.
24 hour help line: 1-800-572-2782;
Website: Domestic Violence, Battered Women, Charitable Donations - Support Network for Battered Women
I hope this helps, good luck
How is it you believe it's a really simple divorce case when your saying that its complicated by an abusive husband living in another state ?Quote:
Originally Posted by lmcdonald
If it is as simple as you believe you can do it yourself with a little help from the courts. I tend to think that its not that simple. Have you tried the county for legal aide or spoken with your caseworker ? If he has warrents and such how come he's not in jail ?
That would make it easier so you can serve him the needed papers.
I'll have you know it's simple because we have no community property or anything. He's on probation so he can't come out here and fight anything I try to do and I'll have you know, he's not in jail because the cops out in TN are lazy.
I have evidence of all my claims. I'm not just blowing steam out my butt like some people.
Comments on this post
lmcdonald disagrees: This person only berated me for the wording of my question and did not provide an answer.
First, may I call your attention to the guidelines for using the comments feature found here:
https://www.askmehelpdesk.com/feedba...ure-24951.html
In fact, he did provide good advice for you.
I've also merged your threads since they all have to do with the same issue.
Quote:
Originally Posted by lmcdonald
Wow - I'm surprised. Hopefully OP is just frustrated because I don't see any posts or answers that are out of line.
There is no such thing as an easy divorce - let me start by saying that. If you try to railroad him because you know he can't travel this could blow up in your face at some future time.
That being said the newspaper knows whether it is Court-acknowledged or not. It has to meet the circulation demands of the Court. If one particular newspaper does not know, then you have to call another newspaper until you DO find one that knows.
I have to leave, check the original post and I'll be right back -
Okay, you can only serve by publication if you have exhausted all methods of locating the person "in person." You obviously made an argument that you had exhausted all methods, yet you know he's on probation and can't leave the State.
Do you know where he is? In the meantime, if newspaper #1 doesn't know, try newspaper #2. Also - if there is a legal journal in your City that newspaper is acknowledged in my area.
Hope you are just frustrated - I really do.
It is not my intention to railroad him just because he can't leave the state. I have only recently learned of his massive criminal history and have filed for divorce for the protection of myself and children. Like I stated previously, he recently confessed to my sister about 4 murders he has committed and to raping her. Charges are being pressed but that takes time. Police won't go after him even though he as a warrant in his own city! I have made numerous costly, diligent attempts to serve him. I know where he is, because he has not moved out of our home. When he called my brother in law asking me for money (keeping in mind he hasn't offered me a dime for myself or 2 children in the last 6 months), he told him the address I could send it to (the home). He simply refuses to answer the door to the Sheriff process service (probably afraid he will be arrested), as well as family (because he's living with my ex-best friend and is probably embarrassed). I could only attempt so many times before my 60 days were up to serve him. Therefore, the court gave me permission to put it in a newspaper. The paper does have a legal section and acknowledges that I can do a divorce service. They only claim they cannot tell me how to word it. I have tried looking in newspapers for other divorce service ads and have found nothing. I do feel very frustrated because this has all snowballed on me in the last 6 months starting with me finding out about his girlfriend. I feel that califdadof3 just started his post a little offensively.
All I really want to know is how to word the newspaper ad so that it is legal and binding. And, yes, I want his parental rights vanquished because he is such a dangerous person.
Thank you all for your input.
Califdadof3 made some good comments I thought. Actually I agreed with what he had to say.Quote:
Originally Posted by lmcdonald
As to you basic question about service by publication, you are making this far more difficult that it is.
First, you do not "publish your divorce" in the newspaper. You only publish the SUMMONS in the newspaper, which is the notice page (two pages if you include the back) that you filed when you filed the Petition for Dissolution. The Petition does not get published! Take a copy of your order for publication, send it to the newspaper you want to use along with a copy of the summons and tell them to run the notice. Of course you have to pay their fee. All they do is copy the summons and that's it. And they should know how to do this. It needs to run 30 days and at the end of that time the newspaper will give you a proof of service you can use to file with the court. Wait 30 days from the date on the proof of service and then request entry of default and default judgment (you local Family Law Facilitator's Office at the courthouse can assist you for free in doing this).
If for any reason the newspaper people don't know how to do this you may have to apply to the court to designate a different newspaper to use (your court order should say what newspaper to use).
That's about all there is to it.
As a process server - and I realize the various States have different laws - I am STARTLED by this (caps intentional). In NY if you have an address the person has to be personally served. There is big money in serving someone who is avoiding - I have parked myself in front of houses overnight, lurked in supermarkets, served people carrying out the garbage. In NY you cannot serve by publication unless you convince the Court through affidavits that you don't know where the person resides. Refusal and avoidance do not lead to service by publication.
In NY divorces are overturned if the Defendant later appears with proof that the Plaintiff did have an address and chose not to use it.
Again - different State Laws.
Quote:
Originally Posted by CallMeBel
Do you actually read the thread before you answer? "Battered women" have NOTHING to do with this question nor can they point the OP in the right direction.
The Court demands that certain conditions are met. That's where OP needs to go - and, anyway, the question has been answered by an Attorney.
Thank you very much cadillac59. You were very clear and precise. I appreciate it.
In that case, I think you are wasting your time and money on service by publication. That method of service is used only when the location of the person is unknown. Since you admit you know where he is, then service by publication may not be applicable.Quote:
Originally Posted by lmcdonald
Some further research turned up this page:
California Courts: Programs: Equal Access: Instructional Materials: Family Law: Service by Publication/Posting
Which you may find useful. It indicates that before you can use Service By Publication, you need to get it approved b y the court (there is a sample for applying to the court). So you may have to show what other attempts you have made to serve befoire they allow service by publication.
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