My husband left me and our 2 kids and we haven't seen him in almost 2 years. Can I still get a divorce without him there? I want to move on and I can't until I get this divorce over. I don't want anything from him except to just not be married to him anymore

Quote:

---

Originally Posted by HaylieKyleeAva

My husband left me and our 2 kids and we havent seen him in almost 2 years. Can i still get a divorce without him there? I wanna move on and I can't til i get this divorce over. I don't want anything from him except to just not be married to him anymore

---

Maybe you don't want anything from him but he owes it to your children to support them. If you don't need the support, put it in the bank for their college expenses.

You have to file for a divorce and serve him notice - either personally or, if you can't find him, by publication. I don't know what State you are in so I don't know the grounds you will use. In some States living apart for two years is not a separation unless there's a written agreement, which there doesn't appear to be.

You need to discuss these issues with an Attorney.

I'm only 21 andI live in California. I filed in April 2007 but after he replied I haven't seen or heard from him since, Neither has his family. I don't know what to do. I only have a temporary job and can't afford an attorney plus I have a baby by the guy I am currently seeing. We have been together over a year and he loves my other 2 kids. They see him as their dad. They are only 2 and 3. Its just so difficult cause I want to be able to get married to the guy I am with now but can't until this divorce is over. Someone please help

Quote:

---

Originally Posted by HaylieKyleeAva

I'm only 21 andI live in California. I filed in April 2007 but after he replied I haven't seen or heard from him since, Neither has his family. I don't know what to do. I only have a temporary job and can't afford an attorney plus I have a baby by the guy I am currently seeing. We have been together over a year and he loves my other 2 kids. They see him as their dad. They are only 2 and 3. Its just so difficult cause I want to be able to get married to the guy I am with now but can't til this divorce is over. Someone please help

---

Then go ahead with the divorce - he's already been served and it's been posted within the past week that unless the case is withdrawn, it's good forever. Check with the Court. If he never responded you would have to prove a default. I don't know what the Court would want by means of proof.

I think if you go ahead without an Attorney you have a good chance that your husband will return at some point and engage you in a custody battle and possibly attempt to set the divorce aside.

You realize that your husband could be (legally) considered to be the father of your youngest child - ?