If you think you can prove that your husband only married you to obtain a green card you may be able to file for an annulment. Otherwise file for a contested divorce. In either case you can motion the court for service for publication and proceed without his involvement. Consult with an attorney to decide which direction is best for you.
This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.
I am very sorry you are faced with this.
I would suggest that you file for divorce before his whereabouts become unknown. I would also suggest that you speak with an attorney about seeking ex parte relief knowing that he may be leaving the state it may be prudent / advisable to attach his property / bank accounts if you may be entitled to some relief.
Bottom line: Take some time to meet with an attorney. There are ways to get divorced that don't cost and arm and a leg.
I wish you all the best.
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I agree with the other answers. Annulment is an option, but there may be proof issues that would hang you up, so just go for the divorce. Divorce is no fault, so you will get it whether he responds or not. I agree that it would be best to have him served with a divorce complaint while you know where he is if you can. Consult an attorney. One of the best on the North Shore near you has answered this question as well.
To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
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