How do I get a divorce/child support if my husband left the country?

Asked over 5 years ago - Gilbert, AZ

I got married in 1996. We have not lived together for about 9 years. He moved to Mexico with his girlfriend and in no way helps me take care of our 11 year old child. As far as I can tell he and his girlfriend were also married in Mexico. Before he left we were in the middle of divorce proceedings, he had a lawyer and I did not. I gave him $800 to help pay it but he claimed at the last minute that his lawyer sold the case then he left the country soon after. I can't afford to get a lawyer! Not only that but I am not sure how to go about it since he is in Mexico. Can I even go after him for child support? If he did infact marry again does it count here in the U.S? I also wonder how hard it would be to change my child's last name to my own. Is it bad that I have waited so long?

Attorney answers (1)

  1. Angela Woodall

    Pro

    Contributor Level 6

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    Lawyer agrees

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    Answered . Wow,you have several issues going on here. First, your husband should not cannot remarry while he is married to you. Secondly, you can get a divorce if he is in Mexcio, but there are notification service issues to address. You may be able to do it by publication. You have to obtain personal service over him to be ordered child support. I would suggest calling the clerks office in the county where the divorce was started to see if it was actually filed, give them yours and his name, if so I would need to see those pleadings and everything that was filed. If nothing was filed then there are several alternatives/issues to talk about that can be rather complex and would be best served speaking with me or any other attorney,
    thank you
    Angie Woodall
    Attorney

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