What is the process for obtaining a divorce enlight of her situation?
Answer Phyllis, Your niece is very likely able to obtain a divorce, even in her difficult financial situation. She may be eligible for a fee waiver, which would waive all court costs. She would then be able to prepare all of the paperwork on her own. If she is unable to find him, she can request an order to serve him by publication (publishing notice in the newspaper, typically once a week for four weeks). The overall divorce will be completed by default–she will do all of the work, he won’t participate, but the end result is that she will get her divorce. Regarding her options/rights as an abandoned spouse, you did not specify what state she resides in, which makes a very big difference. For example, in California (where I practice), it is a no-fault state, meaning that either party may seek a divorce for no reason at all. Conversely, the fact that someone abandoned the other does not matter, either. Every state is different, and so her rights/options will be dependent on her particu
