HOW CAN MY DAUGHTER GET A DIVORCE FROM A HUSBAND WHO LEFT HER?

QUESTION: My daughter's husband walked out on her after 23 yrs. of marriage, stating he wants a Divorce. This was one year ago this month. He retained a "Paralegal" (save on Attorney Fees) to process paperwork etc. My daughter filled out and turned all documentation presented to her back to the paralegal. Her husband (my son-in-law) has done nothing. The paralegal is continueouly contacting him for the completed forms so she can present them to the court. My daughter constantly contacts her husband, but he keeps replying "I need another week" over and over. My daughter wants to get this over with and move on. He put her through so much anguish and heartbreak and now he's not doing anything. She is beside herself - he is the one who wanted a divorce. Now he is in hiding somewhere!! What are her options?? She wants this divorce now. He is playing mind games with her and she feels she is in limbo, not knowing what he is up to. What should she do? ================================================== MY RESPONSE: Your daughter should at least consult, if not retain, an experienced Family Law Attorney to represent her in her divorce. If the Paralegal served her with a Summons and Petition, she has 30 days within which to file and serve her Response, to avoid her default being entered. If her husband earns significantly more than she earns, she would likely qualify for lifetime Spousal Support and Attorney's Fee orders. If she can't find a lawyer to represent her, she should at least have a consultation with an experienced Family Law Attorney. She can also go to the Superior Court's self-help clinic for assistance preparing the documents for her divorce. If her husband is concealing his whereabouts, any documents that need to be served on her husband can be served (by someone other than your daughter, over the age of 18 years) by mail sent to her husband's address of record - which would be the address used for him on the Summons and Petition for Dissolution of Marriage. If no divorce case was ever filed or served on her husband's behalf, she can file her own divorce case, with the assistance of a volunteer from the Court's self-help clinic. Service can be a problem if her husband is concealing his whereabouts; your daughter might need to hire a lawyer on a limited scope basis to have a due diligence search performed in an attempt to locate her husband, and if he is not located, to seek and obtain an order from the Court for Publication of Summons, to arrange for the Summons to be published in a newspaper of general circulation for four consecutive weeks, and to obtain and file Proof of Service by Publication with the Court. Once her husband is served, she can proceed to seek entry of his default if he has not filed his Response to her action for Dissolution of Marriage. Retaining an attorney would be the easiest way for her to obtain her divorce, but if she can't find a lawyer to represent her, she should make use of the self-help clinic's free assistance whenever needed