Post by howardandbear on Oct 18, 2012 21:42:43 GMT -5
I had to wait exactly one year before I could file for divorce. I am 17 days away from the one year mark.
So I get a phone call yesterday, against court orders, from the ex saying that he is checking into a 90 day inpatient treatment facility for drugs and alcohol. I called him back to ask for the specific treatment place in which he gave me a bogus name. I told him to email and text me the address. He didn't. I talked to his estranged sister who saw him this past weekend boozing it up and she said he was claiming a move to Texas. She also said that their father was now also involved in the same drugs and had been kicked out of his house. She also mentioned that the ex was living in a tent in the state park.
So now here is the problem. There is nowhere to send the papers to have him sign the final decree. He isn't at the state park, I checked. He isn't at his last address. I can't find him. He won't answer his phone. I don't want to have to wait any longer. I want to be done with this mess. I haven't dated. I vowed I wouldn't until the divorce was official. I want to move out of state. I want to move on with my life. Non of these things can happen without finding him.
Post by howardandbear on Oct 18, 2012 22:01:21 GMT -5
Because he just contacted me he technically isn't lost/missing. After Nov 4 the judge will then set a time frame to find him. I was told by my lawyer that it's not always a short search.
I don't know all the laws, but can't you get your divorce by default? Talk to your lawyer. Also, if you're not ready to date, that's fine. But if you are ready, why are you holding off for the divorce to be legal? Even simple divorces can take some time. Good luck!
Post by explorer2001 on Oct 18, 2012 22:44:35 GMT -5
Depending on you state, divorce by default is possible. In AZ, you have to make a valid attempt at service and if that fails there's a procedure in place to publish the divorce notice in the paper or something to make public notice of your intent to divorce and that acts a service if the person isn't "found."
Can you at least file for legal separation while trying to get service through so that you are protected from any liabilities he might incur?
Post by howardandbear on Oct 19, 2012 13:04:26 GMT -5
I will most likely be getting a diverse by default but it won't be happening on November 4 as planned. I've already had to wait a year and now I have to wait longer. I know it will eventually happen with more time and money. I'm just frustrated.