How to Divorce Your MISSING Spouse! Rebecca Zung, Esq.

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Today’s Topic – Divorcing the Missing Spouse
So what if you want to get divorced but you have no idea where your former beloved is located?
And I mean you really don’t know. This is a harder and harder thing to believe in this day and age of social media and connectedness so you’ll really have to prove to the court that you tried to find this person but you couldn’t.
Now every state has their own version of how to go about divorcing the missing spouse but the basic premise is the same.
The answer is YES you can divorce the missing spouse BUT you will have to do a few things –
You will have to try to find that person – does that mean you need to spend thousands on a private detective? Probably not. But do you need to send mail to their last known addresses to try to find them? Probably. And then show the court that the mail came back with a stamp on it that said “no forwarding address” or something like that.
If you knew the neighbors, did you ask them if they know what happened to the missing spouse?
Have you looked on Facebook, Instagram or other social media to try to find that person?
Then if you really can’t find them, you will file your divorce papers and then try to have the served with the papers “constructively” meaning you will probably have to publish something in the local papers where you live and where that person last lived – that you are trying to serve that person divorce papers and can’t find them. You will likely have to publish that more than once – depending on your local statutes and rules.
And then if you really can’t find the person then you proceed to some version of a default hearing and see if the judge will enter the final divorce decree. The judge will likely make you show up in person and swear you and ask you about your efforts to find the missing spouse. If he or she believes you and accepts that your efforts were enough to pass muster under the statute then you’ll get your divorce!
That’s it for today’s Wednesday Divorce Wisdom.
If you are interested in having a consultation with me, go to breakingfreefromdivorce.com and click on strategy sessions – and we can get that set up for you. Relief is on the way.
Thanks for joining me today. I will see you tomorrow for Thursday Divorce Thoughts. Tomorrow’s topic: The Three Deadly Sins of Marriage.