If you want a divorce but can not find your partner, you might be a contender for “Divorce by Publication.” Find out more.
Though there are numerous causes for divorce, they are typically classified as either no-fault or at-fault. The legal distinctions between these can differ by state, as can the required paperwork, filing fees, and logistics. But what if you want a divorce but can not find your spouse? You may be eligible for “divorce by publication.” Though the laws that regulate divorce by default differ by state, they generally require that the two spouses have been living apart for a certain amount of time and that your partner cannot be found despite meticulous attempts to identify him/her.
The Procedure Is As Follows:
The conventional way of starting a divorce action requires your counsel to serve the divorce action on your partner at his or her last known location, or in person if your spouse can be found elsewhere.
However, if you have exhausted all reasonable attempts to locate your partner and are still unable to locate him or her, you may petition the court for an Order of Notice by Publication.
This means you must publish a notification of your desire to split your partner in a publication close the spouse’s last known location. In most cases, you will run this “legal advertisement” for about three weeks, giving your partner time to react to the final notification.
What if they do not respond? By default, you and your counsel may continue to finalize your divorce.
You can separate your partner even if you can not locate him/her or if they do not participate in the divorce proceedings, as long as a Judge is happy that your spouse was given notification of the divorce proceedings. When your partner is missing, publishing of a notification may be your best choice.
An declaration of officer delivery attesting to the publishing, as well as a duplicate of the disseminated notification, must be submitted with the court in your state. In some jurisdictions, you must also submit an Affidavit of service Service saying that your partner is not in the service.
Even if your partner does not participate in the divorce process, the court can make orders regarding the successful separation of the marital estate, such as property split, asset and debt division, and orders impacting children (custody, access, and child support), among other things.
