Three Obstacles You May Think Are Preventing You From Divorcing Your Husband
If you are in a marriage and are looking for a divorce but find yourself in a situation that would seemingly make divorce impossible, you should know that where there are always possibilities. The following are just three examples of situations where you may not think divorcing your husband is possible, and how you can circumvent the problem.
Your husband won't agree to a divorce
Sometimes a woman wants a divorce but is under the false notion that without her husband agreeing to a divorce, it simply cannot take place. This isn't true. You do not need your husband's permission to file for a divorce. The problem will occur if he fails to respond to the notice served to him. But in this situation, the courts will allow you to file a request to enter a default divorce. There is no reason to stay in a marriage just because your husband will not agree to a divorce.
Your husband is in prison
If your husband is incarcerated, you do not have to stay married to him. He will have to be served divorce papers, and he has a right to appear in court. However, this latter right may be waived for violent offenders. There are also special procedures in place for serving an inmate divorce papers. There are state laws that govern the exact procedures for divorcing a married person in prison, but a divorce attorney will know the steps to take in the state you reside in.
You don't know where your husband lives
Practically speaking you are no longer married, but legally you are, and you now want a divorce. Perhaps you are planning to get married again. But the problem is how to divorce a man when you are not sure where he is located. The best course of action is to consult with a divorce attorney. Often, they can locate people because they have experience finding people for a variety of legal reasons. And for those who are hardest to find, they usually have a relationship with a private investigation firm. Even if your spouse is no longer alive, this information can be discovered.
All three of the situations above should be done with the help of a divorce attorney. Divorce laws are mostly governed by the state that you live in, and an attorney will know specifically how to help you in your situations. In general, if you want a divorce and see any type of obstacle in your way, you should always consult with a divorce attorney. It is likely that your situation is not the first of its kind.
Contact a legal office like the Law Office of Greg Quimby, P.C. for more information.