i want a divorce haven heard or seen him in 4 years he is a drug user and have no idea where he is .i want all his rights taken as far as the children are concerned, ive been with my current boyfried for almost 3 years and he wants to adopt them and for us to get married , im low income and cant afford a divorce , what can i do to get a fast divorce?? he dont pay child support and has never helped support them.
If you wish to get divorced and do not know where your husband is, you can seek permission from the court to serve him with notice of the divorce action by publication or by "other means". Unfortunately, this will not be a "quick" process, as seeking permission from the court to serve your husband by alternate means (publication or otherwise) will add a step to the process (and add expense if you are to serve him by publication, as you would then have to pay for the notice to be published in an accepted newspaper).
As to the question about your current boyfriend adopting the children, this would be far eaiser if your husband's whereabouts were known so that he could sign a "consent to adopt" form which would allow you and your boyfirned to move forward with a step-parent adoption.
Since the process is not an easy one, you should consult with and hire an attorney to guide you through it. Most attorneys (including me) offer a free initial consultation to discuss your situation and your options to move forward (as well as the potential costs).
I don't practice family law and have been only minimally involved with divorces in my career. However, I do know that there is no such thing as a "quick" divorce in Minnesota and it will likely drag out longer than you would expect, even if uncontested.
Depending on your circumstances, you may be able to get help from an attorney for free or for reduced fees. Legal Aid helps people with low incomes. You also may be able to have a student represent you in a divorce proceeding for free if you contact one of the local law schools. Additionally, check: http://www.mncourts.gov/selfhelp/?page=252 for a list of organizations that may be able to help.
Otherwise, http://www.mncourts.gov/default.aspx?page=513&c... may provide some help in moving forward on your own. I generally don't recommend handling legal matters on your own, but it's up to you if you would like to try.
Additionally, if you are low income, you may qualify to file for divorce without having to pay fees to the court. See: http://www.mncourts.gov/default.aspx?page=513&c... for information on filing "in forma pauperis."
zThere is no such thing as a fast divorce where there is no agreement regarding the issues of divorce. That is particularly tre when there are children involved. Your case is even more complicated because you are suggesting an action to terminate the father's parental rights and seek a step parent adoption.
First steps first. You may commence a divorce by serving and filing a Summons and Petition for Divorce setting out the facts and the relief you are requesting in the divorce proceeding. your spouse, the respondent, has thirty (30) days to file a response to that Petition indicating to the Court where they disagree. If they fail to file a timely response, you may file for a default judgment seeking an order based on your Petition. If your spouse responds to the Petition, the matter can be ended at any time when an agreement is reached, or, if it cannot be reached, in a trial of the issues.
If you cannot locate your spouse after a diligent effort, you may file a Motion seeking a court order to allow service by alternative means, usually publication. That means the notice must be published for a number of weeks in a paper where the spouse was last know to have lived. Again, if they fail to respond, you may seek a divorce by default.
To terminate parental rights, an action to terminate parental rights must be filed. Courts are extremely reluctant to allow a default on any issue so important as a parental rights. As a result, it may be easier to locate the other parent and have them served than to seek service by alternative service.
In any case, these issues are complex and you would be wise to consult with an experienced attorney.
This answer is does not create an attorney-client relationship nor does it constitute legal advice.
It sounds like you want a divorce, full custody of your children, child support if you could find your husband, and to terminate his parental rights since he has in essence abandoned you and your children. This will take time.
What you should start with is obtaining a divorce. I highly recommend you obtain an attorney to do this. Your county bar association may have a pro bono/volunteer lawyers program where you can obtain the assistance of an attorney free of charge. Filing fees can typically be waived for low-income parties. When seeking a divorce, you will want to ask the court to award you several things, including, at a minimum, full custody of the children and child support.
In each state, a party seeking the dissolution of a marriage must allege "grounds" for the dissolution. Call the clerk of your county court and ask for information for the self-help desk to file for divorce. There may be simple forms on line. If your state is a no fault state (meaning there is no need to specify a specific ground for divorce i.e. because of abandonment), you will likely need to be separated for a specified period of time (usually 6 months or 1 year).
The issue is, how can you "serve" your husband with notice of the divorce if you don't know where he is. Ask the self-help center whether they can assist you in serving your spouse by other means (such as by publishing in a newspaper or posting notice at the courthouse). Each jurisdiction has different rules on service.
Your local Child Support Enforcement Division is required under federal law to provide child support enforcement services free of charge. They may be able to assist you in locating your husband so that you can obtain child support from him.
Terminating parental rights is a long process and is driven by your state's statutes. You should obtain the services of an attorney to do this and your local bar association should be able to direct you to appropriate counsel. In order to terminate your husband's parental rights involuntarily, you will typically need to demonstrate that your husband (the natural father of your children), has abandoned them, has failed to provide them with financial support, has failed to provide parental support, is unfit or has caused serious harm to the children. Courts are typically reluctant to terminate parental rights, so there is a high bar to demonstrate one of the above factors.
Only after your husband's parental rights have been terminated or, should you locate him, he “consents” on the record can your current partner petition the court to adopt your children.
I understand that you want the process over quickly, everyone does - however there are time requirments which must be satisfied before the Court has the authority to grant you a divorce decree. Michigan instituted a 6 month waiting period from the date of filing, before a judgment of divorce can be entered. The quicker you can file, the sooner the clock can begin to start ticking.
Although the father has rights as the biological parent, those rights can be restricted. I suggest that you contact an attorney and make arrangments for representation. The money you pay now can save you in future legal fees and headaches. Courts have the authority to restrict his access to your children by requiring the father to satisfy drug testing, or other preliminary requirments. To secure these orders, documents have to be prepared and presented unto the Court.
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