Legal Question in Family Law in Colorado
is divorce finalized if i'm not able to find him
we married in 1988. we seperated in 1991/1992. I filed for divorce in march 2003, but i'm not able to serve him his copies, because i don't know his exact whereabouts. What happens now? Do I need to file some other kind of paper to show that i'm not able to find him? I know he won't contest the divorce, we have no kids or property to fight over. I just want to finalize my divorce. If he filed for divorce while he was prison does that make us divorced, even if I didn't get a copy?
2 Answers from Attorneys
Reply: is divorce finalized if i'm not able to find him
You need a court order to serve your spouse by publication in a newspaper of minimum circulation.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: is divorce finalized if i'm not able to find him
You would have to get an order from the court that you can serve him publication. To get the order you would need to show that you have checked with family and relatives, such as his parents, and siblings, voter registration, however, as a felon he cannot vote, and the DMV in an attempt to locate him.
Unless you were served with court papers and received a judgement, signed by a judge and filed with the court you are still married.