Legal Question in Family Law in Tennessee

divorce

if you have been seperated for over 13 years, and not sure of spouses location will it be difficult to get a divorce.


Asked on 4/19/07, 9:01 pm

1 Answer from Attorneys

Marc Reisman Rosenblum & Reisman, P.C.

Re: divorce

Your question is, "if you have been seperated for over 13 years, and not sure of spouses location will it be difficult to get a divorce." I am not sure what you mean will it be difficult, but it is possible. It is important to keep in mind that there is a difference between "not being sure" of your spouse's location (as you put it) and being absolutely unaware of his/her location. Everyone has a constitutional right to notice (service of an actual complaint) before being subjected to any sort of law suit, including a divorce. However, if after reasonale search and inquiry you are unable to locate your spouse, there are statutory provisions allowing for service through publication in the newspaper. The next question is what type of relief can you get in a divorce where service is by publication. You can get a divorce, but what about property issues? debt issues? child related issues? My suggestion is to hire a lawyer in your community to help you with this process. You do not want to do it wrong because that could result in a divorce that is subject to being set aside in the future. Best of luck to you.

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Answered on 4/20/07, 11:22 am


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