Don’t Know Where Your Spouse Is? A Publication Divorce Is a Solution
Often a husband or wife would like to proceed with an uncontested divorce but they are unable to locate their spouse.
All is not lost.
A divorce can still proceed by publication, known as a “publication divorce.”
This process requires an attempt to serve the spouse at their last known address. A process server will then attempt to locate the spouse by checking through a variety of required databases.
Thereafter, an affidavit of due diligence will be prepared to outline what efforts have been made to locate the spouse.
We then file with the court an Affidavit of Attempted Service and the Affidavit of Due Diligence. An Order for Service by Publication is then presented to the judge for signature.
Once the order is signed, notice is then published in the newspaper once a week for four weeks.
After the last publication, we must then wait 20 days and then a default can be entered and the divorce finalized.
It is always the best option to try to locate the missing spouse. If a spouse can be found this will cut down on the cost and length of time for the process to be completed. A spouse can sometimes be located by contacting family members or even through social media. The court will expect that reasonable efforts be made to locate the spouse before they will grant an order for publication.
Our office, as with all of our services, provides for publication divorces at a very low cost. Complete the form on this page or call our office right away to discuss your particular case.
We look forward to assisting you.