I have not seen my husband since 1998 and have no idea where he is in the country. I really don't want to contact him because the last legal contact I had with him was a protection order. I need to know 2 things. Firstly, does he have any financial claim on me since we are still married but we have not had any contact at all since 1998? I bought a house in 2010 and I do not want him to have a claim on the house. Secondly, how do I divorce him without knowing where he is?
VIC Divorce - Husband Missing Since 1998
- Thread starter prussian1960
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Sophea
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Hi Prussian 1960,
With regard to the divorce, (I assume you are an Australian citizen?) you will just need to serve the divorce papers on your husband. He doesn't need to agree.
You will need to apply for a divorce on your own, then serve a copy of the divorce application on your husband. If you don’t know where your husband is, you will need to try to find a contact address for him such as by searching telephone directories, electoral rolls, asking family and friends etc. If after that you still can’t locate him, you may be able to apply to court for an order that your husband can be served by other means, or not served at all. It shouldn't prevent you from getting a divorce.
With regard to the divorce, (I assume you are an Australian citizen?) you will just need to serve the divorce papers on your husband. He doesn't need to agree.
You will need to apply for a divorce on your own, then serve a copy of the divorce application on your husband. If you don’t know where your husband is, you will need to try to find a contact address for him such as by searching telephone directories, electoral rolls, asking family and friends etc. If after that you still can’t locate him, you may be able to apply to court for an order that your husband can be served by other means, or not served at all. It shouldn't prevent you from getting a divorce.
To add to Sophea's post above, in terms of finances, a person can pursue a property settlement up to 12 months after a divorce is finalised. However, it will only take into account assets and liabilities in which you both have an interest. A house that he has never lived in and has not contributed financially or non-financially to is unlikely to be included in the asset pool.
Agree with above answers and recommend you proceed with the divorce to clear up matters to remove uncertainties like property division/ownership and wills etc.
Thanks for the responses, so I have another question. I need to make reasonable efforts to find him to serve papers. How do I do that? Advertise in a National Paper? If so, which and for how long? What should the advert say?
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