3StepDivorce Kansas Divorce By Publication - Missing Spouse
When a Spouse Cannot Be Found in Kansas

When one spouse wants to call it quits but cannot find his or her missing partner, or when he or she is hiding, divorce by publication comes into play. Divorce by publication happens only after a judge has been convinced, based on a sworn declaration, of the serving party's inability to find the Defendant after trying hard. Service by publication is commonly used in a divorce action to serve a spouse who has disappeared without a leaving a forwarding address.

When the Respondent cannot or will not be found (and, therefore, cannot be served process by the Sheriff or by mail, which are the preferred methods of service), the Petitioner must conduct what is termed a "diligent search" followed by Service by Publication.

Kansas's Search Requirements and Process

Kansas courts require a good faith effort by the Petitioner to prove that he or she has made a genuine search for his or her missing partner; that is, "[i]n actions to obtain a divorce, maintenance or an annulment of the contract of marriage if the defendant resides out of the state or if the party with due diligence is unable to make service of summons upon the defendant within the state."

Due diligence might include checking the telephone book and directory assistance in the area where both parties live or lived; asking friends and relatives who might know the location of the missing spouse; checking the post office for any forwarding address of the missing spouse; and checking any other possible sources that might lead to a current address.

In order to be eligible for a "Divorce by Publication", you must complete and submit an Affidavit of Diligent Search to the court. This document clearly outlines all of the actions you have taken to locate your spouse, essentially proving to the court that your spouse absolutely can't be found.

>>> Download the Affidavit of Diligent Search

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.

Filing for Divorce by Publication in Kansas

If the search is fruitless, the Petitioner files an affidavit stating that he or she has made a "a reasonable but unsuccessful effort" to ascertain the whereabouts to the missing spouse and that "[t]he affiant is unable to procure service of summons on any of the specified defendants within this state."

The notice is published once a week for three consecutive weeks "in some newspaper published in the county where the petition is filed and which newspaper is authorized by law to publish legal notices. If there is no newspaper published in the county, the notice may be published in a newspaper having general circulation in the county."

"The party seeking to secure service by publication shall, within seven days after the first publication, mail a copy of the publication notice to each defendant whose address is stated in the affidavit for service by publication."

Service by publication is proven by an affidavit showing the dates upon which and the newspaper in which the notice of publication was published. A copy of the notice shall be attached to the affidavit, which shall be filed in the cause.

Kansas Service by Publication is described in Kansas Rules of Civil Procedure, 60-307, Service by Publication.

Copyright Notice: These Kansas divorce laws above are copyrighted by Divorce Source, Inc. This abbreviated and revised version of the state laws has been compiled from applicable state laws and unauthorized reproduction in any fashion is prohibited. Violation of this copyright notice may result in immediate legal action.

Get Started Today >>>

A Simple Divorce Process
BEGIN NOW - Choose State.
Answer the questions at your own pace.
Print, sign and file your divorce forms with your local court.
Get Started:
Only $299
or 2 monthly payments of $157
or 3 monthly payments of $109
Affordable & 100% guaranteed.
Instant Delivery - Instant Updates
Don't Settle for Anything Less

Divorce Exclusives
Not convinced? Try it before you buy it.

Watch Online Demo

Access Demo Account

Divorce Source, Inc. has been nationally recognized in the media since 1997.
Read Our Customer Feedback!
Divorce Source, Inc. is celebrating 18 years of online business. 1997-2015

Secure Site Versign Secure Site Guarantee Divorce Support Official PayPal Seal Divorce Application Our Facebook Page Our Twitter Page

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.