Can i divorce abusive husband without notifying him?

Question

(re-posting on advice)

I've recently escaped my abusive husband. I want a divorce so i no longer have him in any aspect of my life, i have been in therapy for a full year to deal with this. My problem is, is that i am afraid of this man due to past threats & promises of violence. (he has stopped trying to contact me) I am not willing to file an order of protection because i am afraid. What i would like to do is start the divorce process without him being notified. My main concern is that he will receive documents, which will bring me to his mind once again, and i'd rather spare myself, and my family possible retaliation. Any advice on anonymity and divorce? Or at the very least a way i can file without disclosing my whereabouts. We have no shared property & no children. Also, is he allowed to contest the divorce when there is undocumented abuse?

Answer 1

NO.



You can never, ever, ever take legal action against someone without notifying him.



Most states allow for a no-fault divorce. All that is required is for one person to claim the marriage is irretrievably broken.



When you file, you HAVE to have him served. You can keep all of your information confidential with regard to your address and phone number, though you do have to either have an attorney or an address that he can use to send you HIS legal documents.

Answer 2

...except virtually every state has confidentiality rules concerning the victim's address in cases of protective orders, domestic violence, and divorce. But there is no law which requires you to file for divorce. If you think you're safer being married than not being married to the abusive dude, stay married as long as you want... And, look up "procedural due process."

Answer 3

I don't blame your actions at all, but I would try to let him know your intentions. If you two can make it a mutual consensus, then worrying about whether or not he finds out early on won't be a problem. I'm never an advocate of divorce, but your safety sounds like it's in jeopardy if you stay. You can bring any threats that he sends whether it be via text or e-mail to the authorities.