Missing Spouse Divorce:

Don't let the fact that you don't know where your spouse is stop you from getting a divorce. There are ways, such as "service by publication", to serve your spouse even without knowing their whereabouts.

If your spouse has abandoned you and you can't find him/her, or you simply lost contact with your spouse over time, the "Missing Spouse Divorce" is your solution to the problem. Normally, in a divorce, you would know where your spouse is located so that you can serve them with the divorce papers. However, if you don't know where your spouse is, you have to show the divorce court that you have made a diligent effort to find them. The way the court will accept your special situation, is if you run a newspaper ad informing your spouse that there is a divorce proceeding against them. This is called Service By Publication. To be more specific, this is the order of how things happen:

And to complete that aspect of the divorce, you will also be signing an affidavit (statement) stating that you looked for your spouse to the best of your ability.

If after a mandatory waiting period your spouse does not respond to the outstanding legal matter (divorce) and you can show to the court that you have made diligent efforts to find your spouse, then the divorce can proceed in a regular Default Divorce manner. Your spouse automatically defaulted on his/her end. If any or all of this isn't making any sense to you... don't worry. Most of our clients learn as they go. However, remember we do NOT give legal advice on what anyone should do in their particular circumstances.