Don't be discouraged if your spouse is missing and you feel like you are unable to get a divorce and get on with your life. There are safeguards in place that will allow you to serve your spouse even if you don't know his or her whereabouts. In a "normal" divorce you would know where your spouse was located so your attorney could easily have them served with divorce papers. However, if your spouse is MIA, you will be required to go through a few extra steps in order to obtain your divorce.
What Constitutes a Missing Spouse?
There could be several reasons you are unable to locate your spouse; perhaps they abandoned you abruptly and you have no idea where they've gone, perhaps they are avoiding possible child support, or maybe you've simply been separated for a period of time and lost contact with your spouse. Each state will have specific rules regarding divorcing a missing spouse, but the general procedures are very similar.
How Do I Prove My Spouse is Missing?
In order to convince the courts that you have made a good faith effort to locate your spouse, you must do the following:
- Contact friends and relatives of your spouse and inquire about your spouse's whereabouts.
- Perform an internet search and check telephone listings in the area you and your spouse lived, or in an area you believe he or she might presently reside.
- Check tax records, voter registration records and the DMV for any information regarding your missing spouse
Divorce Service by Publication
The court must be satisfied that you have put forth real effort to find your spouse, and that the results were fruitless. If you have made every reasonable effort to locate your spouse, the courts will allow service to be made by publication. This is a fairly simple matter that your attorney can easily guide you through. According to the specific laws of your state, the process generally goes something like this:
- Complete affidavit for service by publication.
- Sign the complaint for divorce and the affidavit for publication in front of a notary public.
- File the complaint and affidavit with the county clerk at the courthouse.
- Send necessary legal notices to the newspaper where there is a reasonable belief your spouse lived or is living.
- Obtain a motion for default judgement of divorce.
Assuming your missing spouse does not respond within the specified time frame (the newspaper publication must generally run at least once per week for a minimum of four weeks), then the court will grant you a divorce, deciding the terms of the divorce according to what you and your attorney have determined to be in the best interest of you and your children.
