Legal Question in Family Law in Maryland
BeenTooLong
My ''ex'' and I have beenseparated for 14yrs. with no contact at all and I have recently come into a situation where I need a divorce. I have an idea of his location and was told if I run an ad in the local paper in his area for 30 days, I'd be able to obtain a divorce. If this is so, what kind of ad should I run and what is the procedure after the 30 days?
2 Answers from Attorneys
Re: BeenTooLong
First you have to file a divorce action in the county where you live, giving his address as the last known address you have. You have to try and serve him there (or wherever you can find him, such as at work) by either certified mail or through a process server. If that fails, you have to petition the court for authority to serve him by publication. Once granted, you publish a notice of the pending action in a newspaper of general circulation in the area where you think he's living. If he doesn't respond within 30 days (or 60 if he lives outside MD), you request the court to enter a default against him and you schedule a final hearing.
The above might suggest to you the wisdom of hiring a family law attorney to take care of this for you.
Re: BeenTooLong
Before publication can suffice for service you must prove that you have taken the proper steps that are reasonably calculated to provide actual notice to your estranged husband. In all instances a court filing will be needed and evidence is necessary to support your separation (e.g., third party testimony). Contact an attorney for assistance.