Divorce is rarely a happy occasion, and more often than not it is followed by emotional turmoil, financial stress, and legal woes. But what if your divorce is having trouble even beginning because you can’t locate your spouse?
It’s more common than many people realize. When a couple remains separated for a long period of time, one spouse many change addresses and fail to inform the other spouse, either accidentally or intentionally. If you find yourself in the position of wanting a divorce without a proper address for your spouse, there are certain steps that can help you achieve your goal.
Satisfactory Due Diligence
Before any state will allow you to utilize alternative notification methods, you must first conduct a thorough search for your spouse. It’s always possible that, despite not informing you of the new address, your spouse had recorded it elsewhere. Internet search engines, social media websites, local post offices, and the DMV are strategic places to begin your search.
If you don’t have the time or desire to complete due diligence on your own, consider paying a private process server to do the work for you. They specialize in this type of work and have learned many tricks of the trade.
Approval from the Court
Once you can prove your due diligence to find your spouse, it’s time to present your results to the court. If your efforts are accepted, you’ll be free to serve your spouse with divorce notice using written publication.
Written Publication
Each state does this differently, so read your order for publication directions carefully. Some states require the notice in the county of the divorce, while others require it in the county of your spouse’s last known address. You will have a certain number of days to post the notice, and you’ll be required to keep the notice running for a specific length of time. Notify the court that you have run your notice. Most states require a 30-day waiting period to allow for a response.
Divorce At Last
If your spouse does not respond to your notice within the required period of time, you can request a divorce by default from the court. While you can be granted a legal divorce, other matters like child custody, property division, and alimony often can’t be handled without both parties present. But it’s an important step in the right direction!
