You cna file for divorce and since you have been seperated over a year, it should not tak elong if, he can be found and served the papers. If not, there may be other remedies available. Someone told me that if you placed an ad in the paper for 30 days and noone responds with any reason for the divorce not to happen then the divorce would be finalized. Not sure how true this is but, I am sure a lawyer can help you.
Phil
quote:
[i]Originally posted by pam27958[/i] [br]i left my husband two years ago. i have two children. i haven't seen any child support or even a birthday card for them. The ex, has a felony warrent in Lousiana, he has criminal record, also has been convicted of minor child abuse. He has my mother's phone number and address,also knows where she lives. I lived with her for the first year of being gone. I don't have a address for him, or a phone#. He bounces around. I want a divorce and i want my children legally. I can't afford a lawyer. i just need to know what is available to me, and what i can get. He also has a previous child from another relationship and is over 7,000 in back child support. The state is still taking his taxes. (That is when he files)Most of his jobs were under the table. Every so often he will call my mother, he will threathen that he's coming to take the kids back with him. ( his girlfriend also said the same)My son was barely one when i left and my daughter was barely 3. My children do not know him. My son has suffered from the shaking baby syndrome, he's alittle behind but has come along way. They both are doing awesome! What do i do? I can't find him and in a way don't want too. But i want a divorce and i want to have all rights to my children. I fear seeing how frighten my kids would be, if a strange man came and picked them up and left. To me that would be kidnapping. Right? thanks in advance-from a desperate motherpamela
pamela
thanks- will check into it. do i placeit in the paper in the area i live? I have no clue on his where abouts.
pamela
Place an ad in a paper that publishes in his last known location and sign an afidavit, wait your 30 days and then get into court. You should be able to get full custody, and terminate his parental rights, since it does not look like you will get any support from him anyway.
Good luck!
Dear pam27958:
Greetings. You can file for divorce and custody. You can serve your husband by publication after trying to serve him at his last known address. You can get temporary custody by setting a hearing and letting the judge know what threats your husband has made. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Will I need an attorney for this? Or can i do this on my own? Do i just go to the courthouse and ask to file??? It has been three long years and i am ready to move on, without him. Do i need a attorney to take his parental rights away? It is still the same situation… Still haven’t recieved anything, the threats have stopped for the last few months. I checked with a lawyer and i can’t afford a 1500 lawyer bill,plus 500. What steps do i need to take to get this going, NOW! thank you all for your respones!!! hope to hear something soon!!!
pamela
since your ex has tried to make himself scarce, filing the divorce yourself would be pretty easy. You can go to an office supply store and buy a divorce kit for $25-$35. You just download the forms on your computer and fill them in. You can usually request custody and child support at the same time you file divorce. You will have to pay the court fees but some counties will defer or eliminate some of the fees if you file an avidavit of indegincy (sp?) basically telling the court you’re broke. Also look to see if there is a free legal service locally.
Dear pam27958:
Greetings. While filing for divorce may be easy, filing for custody may be more difficult. Also, serving him by publication may also be difficult. I recommend that you hire an attorney and leave it in their hands to get done expeditiously. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
i left my husband two years ago. i have two children. i haven’t seen any child support or even a birthday card for them. The ex, has a felony warrent in Lousiana, he has criminal record, also has been convicted of minor child abuse. He has my mother’s phone number and address,also knows where she lives. I lived with her for the first year of being gone. I don’t have a address for him, or a phone#. He bounces around. I want a divorce and i want my children legally. I can’t afford a lawyer. i just need to know what is available to me, and what i can get. He also has a previous child from another relationship and is over 7,000 in back child support. The state is still taking his taxes. (That is when he files)Most of his jobs were under the table. Every so often he will call my mother, he will threathen that he’s coming to take the kids back with him. ( his girlfriend also said the same)My son was barely one when i left and my daughter was barely 3. My children do not know him. My son has suffered from the shaking baby syndrome, he’s alittle behind but has come along way. They both are doing awesome! What do i do? I can’t find him and in a way don’t want too. But i want a divorce and i want to have all rights to my children. I fear seeing how frighten my kids would be, if a strange man came and picked them up and left. To me that would be kidnapping. Right? thanks in advance-from a desperate mother
pamela farley