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    taters4584's Avatar
    taters4584 Posts: 1, Reputation: 1
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    #1

    Jan 25, 2012, 09:47 PM
    My husben disapered 8 yrs ago I have no idea whee he is or how to file for a divorce
    I believe he is in mexico and we have a child. What should I do?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jan 25, 2012, 10:23 PM
    Quote Originally Posted by taters4584 View Post
    I believe he is in mexico and we have a child. What should I do?
    If you file for divorce, a summons will be issued requiring him to file an answer or, if he doesn't, face being defaulted and a divorce decree (including child custody and support) being entered granting you what you ask for.

    If you cannot find him to serve him with the summons (or "process"), you would show what efforts you made to find him, and ask the court to allow him to be served by publication. If this is allowed, you would publish a notice in a newspaper. When that is done, and he still doesn't respond, a default judgment can be entered against him.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 25, 2012, 10:33 PM
    You just file where you are at now, You hire an attorney, file for divorce, try to find him, most likely do the notice as a publication in news paper, and you have a court hearing and get divorced, This is common and happens all the time
    jyotiabhishek's Avatar
    jyotiabhishek Posts: 8, Reputation: -1
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    #4

    Jan 26, 2012, 08:12 AM
    No problem if you are indian then as indian law if there is no whereabouts of husband for seven years then he is considered as dead person and if you wish to remarry you can marry legally by submitting evidences on affidavits of few known persons that he is really not found anywhere during these eight years and no need to seek divorce you can get remarried without divorce. And if after you remarry your former husband appears he cannot claim you as wife
    jyotiabhishek's Avatar
    jyotiabhishek Posts: 8, Reputation: -1
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    #5

    Jan 26, 2012, 08:14 AM
    And if you do not wish to remarry you will be considered as his wife for life time legally.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jan 26, 2012, 08:40 AM
    Quote Originally Posted by jyotiabhishek View Post
    no problem if you are indian then as indian law if there is no whereabouts of husband for seven years then he is considered as dead person and if you wish to remarry you can marry legally by submitting evidences on affidavits of few known persons that he is really not found anywhere during these eight years and no need to seek divorce you can get remarried without divorce. and if after you remarry your former husband appears he cannot claim you as wife

    She's not in India. She's in the US, "he's" in Mexico.

    In the US IF the person decides to have someone declared dead it is a LOT more complicated than you have stated.
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