Sunday, April 24, 2005

Inquiry: Spouse at unknown address in USA

Q: I was married in the USA but reside in Canada. My husband still lives in
the USA. Will this cause complications on my part for filing for divorce.
Does he have to sign anything. The only address I have for him is the
address we resided at when I was living there. I am not sure he still lives
there. He won't tell me.

A: If you file a joint application he will need to sign it. If you file a
sole application you will need to have him served. For that you will need
his address. There are several businesses which specialize in finding people
and serving them with legal documents. For example,
http://www.pfiserves.com/ is a web site for a firm that will locate and
serve people in the US. Once you have his address you can have the
documents issed and served on him. Once you have proof that he has been
served you should be able to proceed even if he signs nothing.

We hope this is helpful.