Family Law Blog

Can You Get a Divorce When You Cannot Find Your Spouse?

Thursday, August 01, 2019

woman meeting with female divorce lawyer

Just like a marriage, it often takes two to make a divorce happen. One party files for divorce and the papers are served to the other party. They have a set time limit to respond to those papers. If they fail to respond, a default judgment can be issued giving the filing spouse everything they asked for.

However, this is only the case when the papers can be served to the other party. They have to reach their hands for that default judgment clock to start. So what happens when you can't find them? In truth, a default judgment can still be achieved even if you can't find your spouse. However, every measure has to be taken.

One of the best ways is to hire a private investigator to track your spouse down to ensure the papers are served. However, if that doesn't work you can also pursue an Order of Notice by Publication. In this avenue, you publish the notice of divorce in a newspaper in the last known area of your spouse. It runs for three weeks and if no response has been given, the divorce can then progress towards a default judgment.

 Your lawyer will need to detail that all diligent efforts were performed to see those documents served and that no response was given. Only afterwards will a judge grant the divorce and issue all that was asked for. Obviously if your spouse is missing, there may also be funds missing as well, but this will solve issues like custody and will break you from legal marriage so you can move on.

If you are moving towards divorce or any other family law matters, contact us today. The Law Office of Jamra & Jamra is dedicated to helping settle complicated family law matters quickly and helping you get the results that you need.