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how can I get a divorce without my husband signing the papers?

I have 3 kids...I left my husband about 8 months ago cause he was absive and was always cheating on me I dont know where he is now I want a divorce is there a way i can do it without him please help!! thank you

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rissa1789

Asked by rissa1789 at 1:24 PM on May. 12, 2009 in Just for Fun

Level 5 (62 Credits)
Answers (5)
  • Talk to a lawyer & tell them you want to do it with only you signing because you don't know where he is. You can do it. It just costs more.
    itsallabtthem84

    Answer by itsallabtthem84 at 1:27 PM on May. 12, 2009

  • The judge can still grant a divorce without a signature from your husband. They will file for a divorce and he has 30 days to respond. If he doesn't respond, then you get a divorce by default.
    TheDiva320

    Answer by TheDiva320 at 1:28 PM on May. 12, 2009

  • You can get a divorce by default, I did yrs ago because I couldn't find my ex.. I'm in MO so I don't know the laws where you are. I would consult an attorney. GL
    MrsLeftlane

    Answer by MrsLeftlane at 1:28 PM on May. 12, 2009

  • For you to be able to get a divorce by default or "missing spouse divorce" you have to prove that you've attempted to contact or find him. It's not as simple as go to the court house and the judge is going to let you print it in the paper and after 30 days be done with it. The big problem here is you have 3 kids. If they are his, and you file for this type of divorce, you don't qualify for any other relief through the court. Talk to a lawyer about your case through legal aid. If I were you, I would go to the court house and file for an exparte against him. Tell him that you fled for your life because of the abuse. He will be ordered to show up for court. You will get more assistance that way, then if you try to sneak behind his back and get a divorce but that's only if the children are his.

    legalmommy101

    Answer by legalmommy101 at 2:25 PM on May. 12, 2009

  • I think that what they can do is run a piece in the classifieds in the newspaper in the town of his last known address giving him a certain amount of time to get in contact to contest the divorce and then when you don't hear from him (because he doesn't live there anymore) you can get the divorce granted. I have heard of people using this tactic to get a divorce.
    Anonymous

    Answer by Anonymous at 2:27 PM on May. 12, 2009

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