My husband was deported to Mexico over two years ago I am a US citizen. About a year and a half ago I found out he had a new family. He has no contact with us and it has been over a year and a half since we’ve seen or heard from him. How can I divorce him?
You file a petition in the court where you live. YOu then will need to effect service of process on him and another family member can do this or if there is no way he can be located, then you can do it by publication. You don't need his cooperation to get a divorce. Best to hire a family law attorney who knows how to do service by publication to get it doing down the road correctly.
Since it is unlikely that your husband will respond to the petition for divorce, you want to make sure that in the petition you clearly state the orders you are requesting on child custody, property division, spousal and child support and other issues. If your husband does not respond, in order to get judgment in that situation you need to take his default. When you do, the court will set a hearing for you to prove your case. You will need to bring all the paperwork and witnesses you need to do that to the hearing. The court in that hearing cannot make orders that exceed the orders you requested even if the evidence proves you are entitled to more money or property.
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