Contact Our Firm for a Consultation

TV appearances

news article

How do I file for a divorce if my spouse is missing?

Divorce proceedings are never easy. Even when both spouses agree to end their marriage and make it a point to end things on a good note, there are always some feelings left over that make the process a bit more difficult. It’s never an easy situation, and most people are going to face some moments of difficulty in this process. It’s difficult, and most people are upset at some point during the process. It’s made much more difficult when your spouse is missing and you want to file for divorce. What makes this difficult is we don’t know why your spouse is missing.

– Missing in action: This is a form of being missing in the middle of a war or while he or she is in the military, and it means your spouse is gone and no one knows if your spouse is still alive.
– Abandonment: Your spouse could decide to leave one day for work and simply never come home. He or she might not call, let you know where they are, or even bother with you anymore. You know or she is safe and alive thanks to many reasons, but you have no idea where.
– Missing: Your spouse is simply missing. He or she is gone, no one knows where he or she is, and there is no evidence anything happened or perhaps there is evidence there was foul play at some point.

The point is you don’t know where your spouse is, but you want to divorce this person. It could be days after your spouse goes missing, months, or even years after your spouse went missing and it’s time for you to move on with your life. How do you file for divorce while your spouse is a missing person?

Service By Publication

A court of law will not grant you a divorce from a missing spouse if you do not do everything in your power to notify the man or woman to whom you are married. This means you must do more than just call his or her mom to find out if she knows where he is. You must do whatever it takes to find your spouse. It’s slightly different when the missing spouse is someone who went missing in the military. Time typically takes the problem out of a divorce in this instance, and sometimes your spouse is presumed dead after enough time has passed and your marriage is terminated by this.

If your spouse is just missing from your life, however, you must do all you can to notify him or her of the divorce. You file the paperwork with the court, and the court then asks you to do a few more things. The court is going to ask that you file the divorce notice in the local paper as well as in the paper where his or her family lives and even in other locations if there is any suspicion your spouse might be in a certain area.

Call an Attorney

It’s much easier to divorce a missing spouse when you have an attorney on your side. There is a lot that goes into this, and your attorney knows how to handle it and make it work. It’s helpful to have someone on your side in this matter, but the court will still grant you a divorce if you take the time to notify your spouse by handling all the requirements. It is possible to divorce a missing spouse.