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LawTalk, Attorney and Counselor at Law
Category: Family Law
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Experience: 27+ years legal experience. I remain current in Family Law through regular continuing education.
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how can i get a divorce if the spouse can not be located?

Customer Question

how can i get a divorce if the spouse can not be located?

Submitted: 12 months ago.
Category: Family Law
Expert:  LawTalk replied 12 months ago.

Good afternoon,

I'm sorry to hear of the situation.

Quite simply, all you need do is file a Motion with the court and seek permission to Serve by Publication. You simply need to show that you have made a diligent search and been unable to locate the spouse. You will be allowed then to publish the divorce in the local newspaper and after a month it is deemed served. A month later you can file for a default divorce---because the reality is that the spouse will never see the notice and file an answer---at least I've never seen it happen before. They just don't read the legal announcements in the newspaper.

You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation, and I trust you agree that it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

I wish you the best in 2012,

Doug

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