Legal Question in Family Law in Nevada
Domestic violence, divorce, and fleeing the country
My parents are getting a divorce and there are several complications. My physically abusive and crazy father left the country and hasn't been back since my mother left him. My mother is afraid of filing for divorce as she has gone into hiding. She is worried about pursuing any legal paperwork as it may allow for him to find her, but they have many assets that just remain unresolved (house, bills, etc). Could she file and have her address remain hidden? Could a lawyer still serve my father with divorce papers despite his unknown whereabouts (they believe he is in Asia somewhere)? The lawyer would responsible for contacting him, correct (like hiring a private investigator, if she wished)?
3 Answers from Attorneys
Re: Domestic violence, divorce, and fleeing the country
Your situation sounds serious and I have sympathy for your mother. Assuming that proper steps were taken, your father could be served with papers by publication. That is the remedy when a party cannot be found or is evading service. If my office is hired, your mother's current address can be concealed.
There are unusual legal issues in this situation. I would not advise you to try this on your own. Have your mother contact me and perhaps we can work out a fee arrangement. My firm does accept credit cards.
Re: Domestic violence, divorce, and fleeing the country
Your mom has to be a resident of Nevada to file for divorce in Nevada. If she retains an attorney, the divorce documents will contain the attorney's address and telephone number, not your mother's. If your father cannot be located after our process server does his due diligence, then we petition the court and ask the court to allow the divorce complaint to be served by publication. After publication, he is deemed served and thereafter can be defaulted so that your mother can be divorced.
Re: Domestic violence, divorce, and fleeing the country
The attorney could hire a private investigator and serve him by publication. The attorney uses his own address and not his client's.