Legal Question in Family Law in Kentucky

Haven't been able to divorce in over 10 years

I was married in Las Vegas in 89. My wife and I resided in California and had two kids. In about 1995 she left the kids and I. We have seen her a few times but haven't heard from her in the last 5 or 6 six years now. She has been in and out of jail numerous times and so on. I reside in Kentucky and to the best of my knowledge she is still in California. I have sent divorce papers to her a couple different times and never received them back and to this day we are still married to the best of my knowledge. I have been with someone for 6 years now and we have wanted to get married but this seems to be a problem. Is there a law about divorce like there is for a common law marriage?


Asked on 7/11/06, 5:40 pm

2 Answers from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Haven't been able to divorce in over 10 years

You did not say whether or not that you had an attorney. She does not need to agree to anything. For the divorce purposes the Kentucky Rules of Procedure provide for constructive service if you do not know where she is or you only have a "last known" address. Of Course for her to be liable personally for child support, etc, she would have to be served but you can be dovorced and get custody as long as the civil rules have been satisfied. Consult a local attorney who handles this sort of thing.

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Answered on 7/11/06, 6:37 pm
Bryan Gowin Bryan Gowin Attorney at Law

Re: Haven't been able to divorce in over 10 years

You need to fiel for divorce and for custody of the children. You can do this in kentucky regardless of where she is located. Feel fre eto contact me to discuss further either by e-mail or telephone.

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Answered on 7/11/06, 6:41 pm


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