Legal Question in Family Law in Washington
divorce
I met a woman that i desire to marry but she has a husband she has been legally separated from for 7 years and 2 children by.This man was deported 2 years ago back to mexico and she has not heard from him since nor has any idea of his whereabouts what so ever.How does she proceed with a divorce step by step under these circumstances?
1 Answer from Attorneys
Re: divorce
The process starts in a manner identical to any divorce in Washington State, prepare and file the petition and summons. Serve him. I recommend attempting personal service if she knows where he is. Personal service will reduce the possibility of his turning up later and getting the decree set aside (not likely under any circumstances, but less so with personal service). If she knows where he is and attempts to serve him in Mexico, but can't get it done, then she should file a motion for service by mail, and if she does not know where he is, then she should do a motion for service by publication. Each service process has its own detailed procedure. 90 days after the service, she can go into court and get a default judment (if he has not replied or appeared) and decree (actually she could get the default judgment in 60 days after service, but it is simpler to do default and decree at the same time). She should petition for a parenting plan and support order and prepare a parenting plan, a child support worksheet and a support order for entry along with the decree. This should be rather simple to do, but if you (she) needs help, talk with me about document preparation services.