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You can file without an attorney.

If you have your spouse's address you're at minimum going to have to mail the information (papers) to him. If not, then to the last known address. You might have to publish it in a local paper where you think he lives. He certainly has a RIGHT to be there. There are many issues that might be on the table - Child Support, Equity in the home, alimony, value of other assets, etc.

Additional Opinions From Contributors

  • You can file a contested divorce. If you're good with paperwork then you can do it on your own. But if you're not, you probably need to get an attorney. I filed my own divorce without a lawyer or anything and the hardest part for me was finding all the right forms, but there are places online you can get them for a small price or if you're willing to work a little harder you can get them for free.
  • If you file it yourself, all you have to do as far as notifying the other party is when the papers are filed you have to send them registered mail to the last known address.
  • You can always file a divorce petition if you are competent enough to draft a divorce petition and know all the technicalities about the legal procedure and can face their attorney in the court of law.
  • You do not need to file a contested divorce if the other party is not contesting the action. Also, if you have done your due diligence you only need to motion the court to serve the other party by publication. The court will give you an order to take to the metro paper or publication in your area and you provide the notice to the other party that there is a pending action filed against him/her.
In India:In India lawyers are not allowed in the Family Court as per the provision of the Family Court Act. You can get your petition drafted by anyone and file the same in the Family Court. A Notice will be sent to the Respondent at his address reflected on the Petition by a messenger from the Court, who will submit his report to the Court. In case the messenger fails to serve the notice on the Respondent, he will submit his report along with reasons to the Court. When the Court fails in serving notice to the Respondent then the summons for appearance is published in a local news paper where the Respondent resides. If The Respondent fails to appear after the publication of notice in the local newspaper the Court Proceedings start ex-party and a ex-party decree is passed by the Court.
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9y ago
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Wiki User

15y ago

== == There is a Statute of Limitations which can vary from State to State. In Canada it's 7 years as long as you haven't had contact. Please go on: www.Google.com Type in: Statute of Limitations for divorce laws in ___ca_______(put your State in.) Usually it's pretty simple and you can get your divorce without much of a fuss.

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Wiki User

10y ago

United States

No, of course not. The United States Constitution provides that a person has the right to be notified of any legal action against them. You cannot use the courts to secretly divorce your spouse. The court would require that you serve your spouse with notice of the action and the date of the initial hearing on your petition or complaint for divorce. They have the right to be involved in the legal process.

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13y ago

The answer to this depends on where you are a resident, your soon to be ex is a resident, and where you were married. You can file for divorce in the state you were married in even if you no longer live there, although that may be a hassle to travel to another state. You can also file for divorce in the state in which you are a resident of--this means that you need to have established residency in the state by living there for a designated period of time, etc. If, for some reason, your ex is a resident of another state, then divorce can also be filed there.

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11y ago

You should inquire at your local family court for the rules in your jurisdiction. The divorce can proceed. Generally, notice can be published in the local newspaper and sent to the last known address.

You should inquire at your local family court for the rules in your jurisdiction. The divorce can proceed. Generally, notice can be published in the local newspaper and sent to the last known address.

You should inquire at your local family court for the rules in your jurisdiction. The divorce can proceed. Generally, notice can be published in the local newspaper and sent to the last known address.

You should inquire at your local family court for the rules in your jurisdiction. The divorce can proceed. Generally, notice can be published in the local newspaper and sent to the last known address.

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11y ago

You should inquire at your local family court for the rules in your jurisdiction. The divorce can proceed. Generally, notice can be published in the local newspaper and sent to the last known address.

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14y ago

Yes. If you know where he is, he can still be served with the papers. It is then up to him to show up for the divorce proceedings. There is a process for trying to serve papers, including publishing the info in the newspaper if he can't be found. Go ahead and file. You'll still be able to get your divorce. The only thing you may not be able to do is get anything in the way of property or money from him. The court can degree it, but if he can't be found, the law isn't going to hunt him down over a civil action.

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15y ago

you can't you have to stay married forever

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12y ago

Yes. You have grounds for desertion.

If the spouse cannot be located the court will allow a notice by publishing in the local paper.

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Wiki User

11y ago

yes

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Q: Can you file for divorce without knowing where your husband lives if he's in another state?
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