It is one of those things that sometimes happens in marriage, but mostly at the end of it. In filing the petition for divorce, the party petitioning the court is required to give an address for the other party.
Some people believe it would make the process easier if he or she is unable to give the address of the other party.
To the contrary, it makes the process more cumbersome in that the lawyer has to make an application for substituted service as the petition must be served on the other party.
Below is a story you sometimes hear but, always believe it is something of the past. The reader writes: "I recently learnt that my husband has filed for divorce in Jamaica though we are both living in the US.
Aware of location
In his petition, he has cited me as a missing wife. He is, however, aware of my physical location and has all my contact information. This proceeding is a deliberate attempt to evade US laws. What can I do to ensure that provisions are made for our minor children (who live with me) and myself? From what I hear, there should be a ruling as soon as the court returns from recess, please help".
If true, what is happening is unfortunate. However, since you are obviously aware of the proceedings, by whatever means, you should immediately secure the services of an attorney-at-law to intervene in the process and inform the court that you were not served with the petition and that there are minor children in the marriage for whom arrangements must be made for their
maintenance, custody, access among other things. You must act immediately.
Keith N. Bishop is an attorney-at-law and partner in the firm of Bishop & Fullerton. He may be contacted by email at
knbishop@gmail.com.