Legal Question in Family Law in Massachusetts
If a lady from the Philipines comes over here and establishes legal residency (6 months), is a divorce still possible if her husband cannot be found? He deserted her 6 years ago and has had no communications with her. Or is she 'stuck', no recourse but to stay married to an absent husband?
2 Answers from Attorneys
Hello,
Regardless of whether a person knows where his or her spouse is, a complaint for divorce can always be filed. If the address of the opposing party is unknown then service of the complaint would have to be made through publication in a newspaper.
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Thank you,
A divorce complaint may be filed alleging the husband is of parts unknown which, if properly alleged in an affidavit, would allow the court to issue a citation to be served by publication in several newspapers to provide constuctive notice to obtain the divorce. Good Luck!
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