I would think that service by publication with the name used on the marriage license would work. Publication is a littel intricate, and especially so in this circumstance, so retain a family law attorney. You are not a captive in your marriage, especially to a ghost husband.
We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.
You do need to get divorced because although the person committed a fraudulent act, he does exist. An attorney would need to try to serve him the complaint for divorce. If service isn't accomplished at his last known address, we write to mv and post office for forwarding address. If after diligent effort the person is not found, then service must be accomplished by publication. There are precise rules for this. I have done many, however. It takes much longer but being married indefinitely to a person you have not known whereabouts for so long, is not prudent.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
You definitely need to get divorced as there needs to be a legal termination of the relationship. Call for more information.
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You may have several issues with getting a divorce. 1st, you will need to determine if the person you married is actually the same person. If the identification and security number was fake you may be entitled to an annulment. An annulment dissolves a marriage as if it never existed and a common reason for doing so would be if the marriage was procured by some type of fraud.
The next issue, will be service of process. Whether you file for a divorce or annulment, you are required to make sure the papers are personally served upon your husband. If you do not know where he is, you want to file a motion asking for what is called constructive service. Constructive service is a request to publish the notice in the newspaper where he last resided and is utilizing cases where you cannot find a location through diligent efforts.
What a jarring discovery that must have been for you! I agree with the previous answers. You do need to get divorced and there are ways to accomplish it. It will just take a bit longer. I'm sorry that you are going through this. Good luck and let me know if I can help.
You need a divorce, and it should not be too hard to get it done. It might be better for you to get an 'annulment', depending on what your situation is.
Give me a call, and come see me. No cost for the first visit, and I will tell you what your options are.
Robert Davies, Attorney
201 820 3460
I am sorry that you are going through this. I would be curious to learn how you found out he used a fake identity. In any event, I agree with all the other comments. I had a similar case like this previously where the Wife was MIA and we thought she might be in a foreign country. It took about a year, but we ultimately got the divorce. Your situation might be slightly less complicated in that although your Husband is under an assumed name and identity, he does physically exist and we could try to locate his person (by use of a private investigator), and have him served personally (by hand delivery). If you are interested in a further consultation, please feel free to contact my office. 201-880-9770. Thank you.
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