Find a lawyer to help you answer your legal questions.

  • My Legal Briefcase

    I have no idea where my spouse is. How can I get a divorce now?
    Notice: Undefined property: stdClass::$post_date in /var/www/webapp/ui/mlb_faq.php on line 96

    You must either serve your husband with the Divorce Application so that he gets a copy personally, or get a judge to give you an order allowing you not to serve him or to serve him in some other way. Your lawyer will ask you to do some leg-work here. You should contact any of his friends, relatives or employers that might know where he is to see if they can put you in touch. You should also try to contact him at his last known address.

    Your lawyer will put the results of these inquiries in a document called an affidavit and ask you to swear to the truth of the information in the affidavit. It will then be filed at the Courthouse and your lawyer will make an application to a judge for directions about what to do next to try to bring the divorce proceedings to your husband's attention. The judge will want to see from the contents of your affidavit that you made a genuine effort to locate him. The judge might do away with any need to get the petition to your husband or he or she might order that your lawyer mail a copy to your husband's last known address or even advertise a notice of the petition in the local newspaper in the community where your husband was last known to have been. Usually, the judge will also order a waiting period of about 30 days after mailing or publication to give the spouse time to respond. Once the waiting period is over, if you have not heard from your husband, your lawyer may proceed with your divorce.

    Disclaimer: Content on this website is provided for informational purposes only and does not constitute a legal advice.

Document Banner