Divorcing a Missing Spouse
So...You can't find your spouse. Now what?
Just because you can't find your spouse does not mean you can't get a divorce. Divorcing a missing spouse is referred to as a "Divorce by Publication" because you must submit a legal notice to run in the local newspaper as a method of serving your spouse. It may seem silly, but in the court's eyes, the legal notice in the newspaper is the last ditch effort to locate your spouse before granting a divorce. Also, this type of divorce is much more expensive and takes months longer to complete.
The bottom line is the courts prefer not to grant a divorce without one spouse knowing it. This being said, the court will make you "jump through hoops" to prove that you have made every possible effort to locate your spouse.
Missing Spouse Divorce by State:
If you actively pursue locating your spouse through the methods outlined in the Affidavit of Diligent Search, and still can't locate your spouse, then a "Divorce by Publication" is your likely method of getting a divorce.
If you DO locate your spouse through the methods outlined in the Affidavit of Diligent Search, you will no longer qualify for a "Divorce by Publication" and 3StepDivorce may become the ideal solution for you. Keep in mind, once you do locate your spouse (which most people do), you should find out if he or she would be willing to agree and sign the paperwork. If they are will to cooperate 3StepDivorce will work of you.
Good luck with your search!
3StepDivorceTM is provided by Divorce Source, Inc., the owner and operator of the Divorce Source Network, the largest and most visited online divorce resource since 1997.
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Disclaimer: This is a quality non-lawyer self-help divorce solution. The 3StepDivorce Documentation software and service is not a substitute for the advice of a lawyer. Divorce Source, Inc. does not practice law and does not give out legal advice. The software and service allows you to represent yourself in doing your own divorce. If you need or desire legal representation we recommend that you hire a lawyer. Click here to learn more about our service.