Legal Question in Family Law in Maine
Divorce from spouse
I am writing in reference to my mother who needs a divorce from her husband. His where abouts are unknown and its been over 7 years since he was last seen or heard off. We think he may be in Eygpt since that is where he comes from originally. Is there an easy way to do this? something like abandonment or something. My mother is disabled and does not have alot of money for an expensive divorce. Any help would be greatly appreciated.
2 Answers from Attorneys
Re: Divorce from spouse
Did this couple have children together? Do they have any assets of note or property? It would be easier if she knew where to serve him but one can get permission to publish the action in the newspaper. She should get an attorney in this situation.
Re: Divorce from spouse
As I'm sure you may already know, the overwhelming majority of divorces in Maine are based upon the grounds of "irreconcilable differences." Maine does recognize the grounds of "desertion," based upon "utter desertion continued for 3 consecutive years prior to the commencement of the action." However, in your case, I believe the primary issue will be how to serve your mother's husband with the divorce complaint. She is required to make all reasonable attempts at service. Just what those reasonable attempts will consist of will depend upon the specific facts of this person's disappearance.
With respect to cost, from what you have written, I find it highly unlikely that her husband will contest the divorce. In that event, costs should be quite low.
If you would like to discuss the matter further, please do not hesitate to contact me.
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