Need Help Divorcing Addict Spouse

[Olivia2988]

Hello, I'm a stay at home mom with 2 kids in the state of Arizona. My spouse abandoned us the end of last year. He left us with no money, nothing. He took what we did have and sold it for drug money. He was using drugs, and stealing, and collected 4 warrants...so he fled to Washington state. I filed for divorce, May of this year. I tried to send the papers to him many times, but I found out he was running from them. Apparently he did not want to sign them..obviously he has a habit of running from his problems. I don't want to be obligated to any of his wrong doings, and debts. Since I was a stay at home mom for years, I did not gain much work experience. So right now it's been very tough to find a decent job that will pay enough to where I'm not just using my earned money for daycare. I also have to find a way to work around my daughter's school because they do not have transportation. Currently, my spouse is living with his girlfriend, and they are both using. Do I have any rights for me to not be married to him when he refuses to sign or receive them? What about support for the kids? I feel at a dead end and do not have the funds for a lawyer, any help and advice is much appreciated. Thank you

 

[disagreeable]

Ask the court if you can divorce by publication.

 

[Betty3]

http://www.wisegeek.com/what-is-divorce-by-publication.htm#didyouknowout

 

[Olivia2988]

Thank you...I'm definitely gonna plan on filing for divorce with publication. I don't have the mental strength to keep going through this and just guess that someday he could get his act together. I looked up filing for publication, and it states that the judge will not be able to make any decisions for child custody and support? Will I be able to file seperately for child support? What can I do for the kids sake?

 

[Betty3]

Child custody & support will have to be handled separately in court. You really need to see if you can get a lawyer. (try your local legal aid society)

 

[Proserpina]

Thank you...I'm definitely gonna plan on filing for divorce with publication. I don't have the mental strength to keep going through this and just guess that someday he could get his act together. I looked up filing for publication, and it states that the judge will not be able to make any decisions for child custody and support? Will I be able to file seperately for child support? What can I do for the kids sake?

Let's take this step by step

You aren't wanting to file by publication - you only want to use publication to have him served. You'll need the court's permission to do this and since service by publication can be challenged by the respondent (him), you'd be best speaking to an attorney for at least this part. Once he has been served, he'll have an option to either respond to the filing or ignore the whole thing.

If he responds, the court will use both your filing and his response to make a decision with regards to property and/or custody. If he doesn't respond, you still need to turn up in court on the day of the hearing. Very commonly, if the other party fails to respond and doesn't turn up the petitioner (you) will get whatever it is that you're asking for.

You can start a child support case separately and this will be best done by opening a case with your local Child Support Enforcement office - start reading here: https://www.azdes.gov/main.aspx?menu=24&ID=2652

Sometimes child support can be determined at a custody hearing, but if you want to get the ball rolling without having an official custody order, go ahead and file. (It's actually easier keeping things separate in my opinion).

Make more sense now?

 

[Olivia2988]

Kind of...so when I go to court, should I file for divorce and do a publication to have him served seperately? Or file for divorce by publication? I am wondering if the court will allow it. I have no clue what the publication consists of in getting him served. If you have any information about that and I can read up on it, that would be great. I see that no matter which way I have to do this, I know I will have to file seperately for child support/custody. When I filed last time for divorce, I needed to file for a deferral and I haven't been able to pay the amount for the divorce fees yet, and I'm curious if I can do another deferral?