Can my husband divorce me through publication if he know where i am?

Attorney answers (5)

1. Licensed in GA

   

   J. Thomas SalataPro

   Alpharetta Family Law Attorney

   Contributor Level 12

   

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   Answered July 24, 2012 08:54. No you cannot. Its easier and more cost effective to sign off on service of process and go to court yourselves. Besides, you have to swear under oath that the presence of the other party is unknown prior to having the judge sign an order allowing for publication.

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2. Licensed in GA

   

   Ikemesit Eyo

   Atlanta Family Law Attorney

   Contributor Level 18

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   Answered July 24, 2012 09:02. First of all, it is NOT possible to get divorced "through the newspaper". "Divorce by publication" just means that the defendant in the divorce action is served by publication instead of personal service or acknowledging service.
   
   Additionally, divorce by publication is not "cheap". The cost of publication is (on average) $80, as opposed to $50 for sheriff service or $0 for acknowledging service.
   
   Finally, the only way to serve a defendant by publication is to receive an order from the judge allowing such service. To receive the order, the plaintiff must state under oath that he/she does not know where the defendant is located. If your husband knows where you live, his making such statement would be perjury. Thus, it would be absolutely improper for him to pursue this route.
   
   The least expensive divorce available is a consent divorce. A consent divorce requires both parties to be in complete agreement about EVERYTHING (how to divide assets, how to distribute debts, and the paternity of your unborn child). (You should know, if you are still pregnant at the time a final decree is issued, you will have to deal with custody and child support in a later pleading. If your child is born prior to the final being granted, you would have to reach an agreement about custody and support for you to have a "consent divorce".)
   
   I hope this information helps answer your question(s).
   
   ~ Kem Eyo

   The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor... moreThe above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer. less

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3. Licensed in GA

   

   Glen AshmanPro

   East Point Divorce / Separation Lawyer

   Contributor Level 20

   

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   Answered July 24, 2012 09:25. To do taht he would have to commit perjury and he can go to prison, and the divorce can be voided. Since you have a child involved, unless you both sign a settlement agreement, you will have a contested case where one person will serve the other via sheriff. With a child on the way you have a complex situation where you absolutely need to see a lawyer ASAP, especially if he is talking about defrauding the court.

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4. 

   Robert Ricci

   Clark Divorce / Separation Lawyer

   Contributor Level 17

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   Answered July 24, 2012 09:03. I'm certain that an order permitting substituted service requires an affidavit of diligent inquiry, which means the plaintiff has to affirm that he doesn't know how to find or contact you.

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5. Licensed in GA

   

   Shalamar Parham

   Atlanta Divorce / Separation Lawyer

   Contributor Level 8

   Answered July 31, 2012 06:03. No, that would be fraud and you would be causing yourself more money and headache when you try to get child support for the baby.
   
   Shalamar J. Parham
   Atlanta Divorce and Family Law Attorney

   The above is for general information and is not legal advice. No attorney-client relationship or attorney-client... moreThe above is for general information and is not legal advice. No attorney-client relationship or attorney-client privilege has been created by this response. For legal advice regarding the facts of your case, consult with an attorney. less

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