Hello.

My husband left when my daughter was a month old. He ended up not being the father of our child after she was born. (her paternal father is unknown of his whereabouts.) we remained to stay together even though we did not live together because we were in the process of getting his green card. Now that he is legal in the states, we would like to file for an uncontested divorce. The only problem is, I do not know what steps I need to take. Since he is not the father, we would like to remove him from her birth certificate. We would also like to change her last name. What is the least confusing approach on how to deal with this situation? Please advise. Thank you.

He will have to file a petition with the court to have this corrected, It will include a DNA test to prove he is not the father

To change the last name that is merely a simple name change form you do with the court also

My question is how can I file for a divorce if I don't have an address on my husband?:mad:

Hire a lawyer. They'll help you find him. If he's been gone long enough and you can't locate him, you can file for divorce on grounds of abandonment.

It is possible to get a divorce without the partners consent. The courts will try to find him, but if they can't after a certain amount of time, they will allow it anyway. My sisters ex husband wouldn't answer any of the papers. So after three years the juge allowed them to divorce even without his permission.

You might try going to PeopleFinders.com - Public Record, People Search service and more. it is free for basic listings. Typically anyplace where someone has lived/worked will be listed.

If you know the last county where someone has lived then a lot of counties in the United States have online assessors offices where you can do a property search to see if someone owns property in that county.

Also, a lot of counties have criminal records listed, like tickets for speeding, etc.

If you live next to another state, try looking in nearby communities in the other state.

You might want to try a Google search by putting a first and last name, comma and then the state where you think someone might be living.

Just hire a divorce atttorney, there are requried legal steps for searching your local court requries, and after that certain public postings that will be required,

But it can be done,

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Originally Posted by jacklyn39

My question is how can i file for a divorce if i don't have an address on my husband?:mad:

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I had the same problem - take a list of all known family, friends associates addresses and telephone numbers to your solicitor, they will then serve papers to all addresses assuming that one will reach him. The judge may then well consider it served if not you will need to have it surpinered. Good luck!

Yeah, don't worry about it too much. Go to a lawyer and start divorce proceedings and the court will enforce specific measures depending on the state you are in to find him, as have been described by others. You might have to send certified letters to all known relatives to find him, and perhaps run an ad in a public paper or something but they will not require you to actually find him. This is key to understand - they will be satisfied that you made reasonable efforts to find him.

They can still order child support and/or spousal maintenance which can be enforced if he's ever found. If so, the state will try to track down his social security number to see if he's working, and they can garnish his wages.

So, don't let it stop you from moving forward. A lot of us wish we couldn't find our ex!

Quote:

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Originally Posted by jacklyn39

My question is how can i file for a divorce if i don't have an address on my husband?:mad:

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His last known address. Have someone serve at THAT address. Also, certified letter to THAT address. Even if it is your own. The point is,, as long as you can show the court that you have attempted to serve him, they may allow you to proceed, uncontested. In the alternative, you may have to run a legal notice in the newspaper, (classifieds, 30 days) to show in good faith you have tried to notify him. Also, if he was abusive, you might go to a domestic violence advocate at the courthouse... if he abandoned you that is considered abuse in most states... I'm not a legal professional,, but have been around the courthouse block a few times to know what works... also if there is another address that you believe he is at do the same with it. Good luck

I know that in my state I had to give I believe it was three of our previous addresses, they sent a certified letter to these addresss and when they came back unclaimed, I was awarded my divorce. Unfortunately because of this, I was not awarded any child support for my four kids, so there are disadvantages. Check with your state laws or a lawyer will generally give you free advice and let you know how to go about doing this.

I want to divorce my husband, but I don't know what state he is in. what do I do?

How much do I have to pay for a uncontested divorce?

How much do a uncontested divorce cost

Are you using an attorney, a para legal or trying to use a online do it yourself form.

Are their kids, is there child custody, and support.

Is there a lot of property to divide or has everything been divided.

Fr_Chuck is right. Cost is determined by the complexity of the case.

Can you provide a few more details as to what's at stake here?

Please stop starting new threads related to older ones you have. Merely "answer" your own thread to give more info.

Here are the problems.

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1. it is not a uncontested divorce, unless you find the other person and they agree to sign.

What you have is a divorce with one party not found.
The cost for this wlll be much much higher, your attorney will be at least 5000 or so, and you will have publication costs in the legal newspaper for several weeks, and I would guess that at about 500 to 1000 dollars ( just a guess, been a while, but my last foreclosure was about 500)

So this is one of the higher priced divorces, since you can not find him.

Next you will also not be able to take him off the birth certificate unless your new husband, after the divorce adopts the child, and most courts wlll want you to wait to be married for at least one year.

Then you start all over again, have to look for ex, and then again post in legal section for service if he can not be found.

You will need an attorney,