What if my spouse has left for parts unknown, and I want a divorce? Does the other spouse need to be present before I can go through the divorce process? Your family law attorney will reassure you that you have the right to a get a divorce in the absence of your partner. The missing spouse need not be present if you can demonstrate that you made a thorough, good faith effort to find the missing person.

Courts prefer not to grant a one-sided divorce when one spouse doesn’t know about it, and it will require certain efforts from you.. You will need to submit to the court a sworn “Affidavit of Diligent Search,” which details the honest efforts you have made to locate your missing spouse. Once your affidavit is accepted, you can obtain a legal divorce through a process called “divorce by publication.” This means exactly what it says: to be legally divorced, you will need to publish a legal notice of the divorce in the local newspaper.

What constitutes a “diligent,” good faith search effort? You or your hired investigator must use all the available channels to locate your spouse:

• Check telephone directories and directory assistance where he or she live or is known to have lived
• Ask the post office for any forwarding address for the missing spouse
• Ask friends or relatives who may know of the person’s whereabouts
• Conduct an internet search
• Ask if law enforcement can help locate the person

If your due diligence is unsuccessful, and you cannot find your missing partner, you submit your Affidavit of Diligent Search to prove to the court that he or she absolutely cannot be found. If the court is satisfied with your affidavit, it will permit you to publish a legal notice in the local newspaper as a summons or method of serving your spouse. The notice will contain the title of your case, the court in which it is pending, the time and place of the hearing, and the fact that your original petition is file and may be examined by interested parties, and any other facts the court may order. Following the publication, you will be able to get your legal divorce.

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible.  From spousal support, child support, fault, and equitable division of property and debt to valuations, pre-nuptial agreements, annulments, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (800) 283-1380.