Legal Question in Family Law in Maryland

Filing In Maryland

How do I file for divorce, When I don't know where my spouse is?


Asked on 8/17/04, 4:30 pm

2 Answers from Attorneys

Carolyn Press Chung & Press. P.C.

Re: Filing In Maryland

It is harder to file for a divorce if you do not know where your spouse is, but not impossible. You will need to offer to the court evidence that you have made every effort to discover his orher location, afte which you can arrange for service "by publication" of your filing for divorce. This will require a public notice in a major newspaper in your area of your divorce action. You will need the same evidence of your grounds for divorce as that required if the spouse were present. You should not try to handle the situation without representation by a competent lawyer.

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Answered on 8/19/04, 10:24 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Filing In Maryland

Your course of action will depend on several factors. First, you should know that almost no person is not locatable. This, of course, depends on how much effort and/or expense you may incur. This is the hurdle you face in court.

Second, after attaining appropriate grounds for filing and having shown sufficient effort to locate the individual, your case will be set for hearing. The outcome may vary depending on many matters related to your pleading (aka your complaint for divorce).

Third, a filing based on desertion may exist. Whether this is a preferred course of action will depend on your situation. Abandonment must be a diliberate act done with intent that that marriage status shall no longer exist.

You should speak with an attorney about your specific circumstance. Contact me today at (410) 799-9002 or return e-mail.

THIS IS GENERAL INFORMATION ABOUT THE LAW. IF YOU REQUIRE SPECIFIC ADVICE, CONTACT AN ATTORNEY.

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Answered on 8/17/04, 6:58 pm


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