Divorce and the Absent Spouse

An important thing to remember is that divorce is not a failure; it is a maturing and acceptance stage. While many people can make a marriage last, with the two parties growing and working together, some couples divert. The separation in identity and individuality is not misguided or fault-based, in many cases, but staying together when you clearly can no longer work together is a mistake.

Unfortunately, the realization of distance is not so cut and dry. Some couples do not realize the end together. Instead, one partner recognizes the lack of connection and symbiosis before the other and chooses to end things. When the feelings are not mutual, it is not uncommon for the other party to avoid or run away from reality — both literally and metaphorically.

If you find yourself in such a situation, where your spouse has fled, does that mean you cannot get a divorce? No, but it makes the process a little more complicated in a couple of ways, with the primary difficulty being notification.

Notifying the Absentee Spouse

The typical legal stages of divorce involve the initial filing of the paperwork, the notification of the filing, the response, and the court proceedings. If your spouse disappears, however, notifying them and receiving their response is beyond challenging. Fortunately, the absence of your partner does not mean the end of the divorce pursuit.

While ensuring your spouse receives word of your divorce intentions is crucial to legal proceedings, judges and districts sympathize with those trapped by an absentee spouse. However, while a judge will allow a divorce to proceed without the absent partner, they will require proof that you made every attempt to notify the person. In some cases, a judge may insist on hiring a process server or an investigator, although, in many jurisdictions, you can put out a public notice of the divorce if all else fails.

Understanding the Verdict

If the judge allows the divorce to move ahead without an in-person notification, it means your spouse will lose the opportunity to counter your initial claim or filing. Therefore, whatever you laid out in the original filing will most likely be upheld, meaning that you get the advantage in the end. However, a judge will review everything to ensure equity and fairness.

Are you ready for a divorce? If so, contact a local lawyer, like a divorce lawyer from Scroggins Law Group, to determine the best path forward. The process is not something you should rush through, so take your time and schedule a consultation.

Posted on October 6, 2020 @ 9:48 pm

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