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How do i get a divorce if I can't find him?

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Anonymous Asked:

my husband and i have been separated for 9 years we have a child, he has never seen his son, has nothing to do with us,he is somewhere in Africa and i have no clue how to find him or serve him, How do i get a divorce if I can't find him?,i want to insure that i have full guardianship,i am not looking for any money from him for anything

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Stuart Zukerman
5 years ago

You will need to effect personal service of the Divorce documents on your ex or apply for an order to obtain substituted service by way of serving his parents or siblings or by publishing a classified ad in a newspaper in the City in which he last resided. In order to succeed on an application for substitutional service your affidavit evidence must establish the extent of the efforts you have made to try to locate your ex. Typically we hire an agent (such as a process serving company) to conduct a “skip trace” on the person and for that agent to swear an affidavit setting out all the methods they used to attempt to locate your ex in order to satisfy the judge that sufficient efforts have been made to locate the person before the court will grant substituted service.

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