Can you proceed to divorce your spouse even though you don’t know where he or she is? The answer is yes.
When couples separate, for the most part, you know where your ex-spouse is, especially if you share children together. But what if it is a simple divorce, meaning no children or assets that require equitable distribution? Well, now the chances increase that you may not know where your spouse is.
So now that you are separated, you decide to get divorce, but your ex-spouse changed her cell phone number, or moved to another part of town, maybe even got a different job, so now you don’t even know how to reach her. Now what?
You can proceed with what is known as a divorce by publication. Simply put, rather than serving your spouse directly with the divorce documents, the “announcement” of the divorce is published in a local newspaper. The announcement will run for four weeks, and when it is over, you can proceed to file a default with the court. A default means there was no answer filed to your petition for divorce.
However, note that with a publication, an additional affidavit is filed called an Affidavit of Diligent Search. This sworn affidavit means you have made an effort to find your spouse whether through social media, reaching out to friends and family, and using locator forms.
Locator forms are forms that are sent out to different branches of government to try to locate your spouse. For example, a request is submitted to the Post Office for an updated address. Forms are also sent to correctional institutions and the Department of Motor Vehicles.
Considering filing for divorce? Contact Attorney Alex Hernandez. Saturday appointments are available.
Representing clients in the areas of Chapter 7 Bankruptcy, Family Law/Divorce, and car and motorcycle accidents for 20 years.
(904) 712-5565 or (305)-688-LAWS (5297).
*Se Habla Español