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Wednesday, June 4, 2008

Can I file for divorce if I don't know where my spouse is?

Can I file for divorce if I don't know where my spouse is?
Yes. You can file for divorce if you do not know where your spouse is.
You must show the court that you have exhausted all reasonable means to find your spouse. Your spouse must have been gone for over a year as well. Usually, a process server is involved. They will perform a skip trace to see if they can locate the spouse. If that comes up empty, the petitioner will have to send the notice of filing to the last known address and to the last known place of work. If that fails, then the court will have the notice published in the paper. If there is no response in the required amount of time (per local/state law) then the court will allow one party to obtain a default divorce without the other spouse.

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