Guide to Divorce Without Your Partner’s Location
Some relationships do not end on good terms. Some marriages may dissolve and leave the two parties without contact information for the other. If you have a spouse who left and gave no information on where to find him or her, you may feel like you’re at a loss when it comes time to filing for divorce. Are you trapped in a marriage for the rest of your life? Here is what you need to know about divorcing a partner that you cannot locate.
Did You Perform Your Due Diligence?
Most courts will require you to perform due diligence to find your spouse. This means that you exhaust all avenues of where he or she may be. You should call friends or relatives to find his or her location. If you have any phone numbers or social media accounts that you can still access, you can still try to contact him or her about the divorce. If you still cannot locate him or her to serve the divorce papers, then the courts will not hold it against you.
Did You Make a Public Posting?
Most judges will order that you make a public posting about the divorce. You would have to make a public statement in the local newspaper of the last known location of your spouse. This is a notice of divorce and is considered a motion to serve by publication. When you do this, you have effectively served your spouse. If he or she does not respond or view the posting, then the divorce could be considered uncontested.
Do You Move Forward Without Your Spouse?
You can have a divorce proceeding without your spouse. The process does not require that both parties are present. It only matters that both parties were served. The court can still separate property, decide child support, visitation, and other issues without the other person attending court. While it is beneficial to the other partner to be present for these proceedings, it is not necessary.
If you don’t know where your spouse is, this doesn’t mean that you can’t file a divorce petition. People can successfully separate from their spouses if they do not know where they are. Of course, to be able to divorce a person, you have to put forth an effort to find him or her. If you need to file for divorce with someone that is out of state or beyond contact, consult with an attorney, like a family attorney from Scroggins Law Group, as soon as possible.
Posted on July 29, 2020 @ 8:05 pm