How can I file for divorce if I cannot locate ex who has been gone for 12 years?

Question

Jason P. Kutulakis · Answer

Divorce is procedurally intense. You should retain an attorney to represent you.

Steven D. Dunnings · Answer

Hire an attorney.

Melvin Franke · Answer

Hire an experienced divorce attorney.

Steven Alpers · Answer

You would file and then ask permission to publish an su mmons because he disappeared.

Cathy Cook · Answer

You can file, inform the court that you do not know where your ex is, and perform service by publication. Once that service runs for 6 weeks, you can proceed to a hearing.

James Albert Bordonaro · Answer

The court will authorize you to serve him via publication in a local newspaper.  When he doesn't show up you'll get a default judgment.

Rebecca Rainwater · Answer

If you have diligently attempted to find your spouse you can ask the court to let you run the notice by publication. If it is granted, you will run a notice in a specified news paper one time for four weeks.  If your missing spouse does not respond you move forward with the divorce through default.

Violet Nwokoye · Answer

You can file your divorce in Texas and serve your spouse by posting or publication depending on the method your facts qualify for. That is considered good service for the purposes of divorce and your case will move forward.

Mindy Bish · Answer

Yes.  You would simple publish the summons and petition.

George Seide · Answer

You can serve him publication. The newspapers will walk you through.

James Weiner · Answer

first you can file.. second you file a motion for alternate service..third fulfill the alternate service and default him and get a default judgment of divorce.

John Kirchner · Answer

You do not need to know where he is in order to file.  All that is necessary is that after filing you make a diligent effort to locate him and provide him notice of the divorce case.  If you can't find him , the court will authorize notice & service by publication in a newspaper.

Sheryl Graf · Answer

If, after exercising due diligence you still cannot locate your spouse, you may be able to get permission from the judge to "serve" him by publication instead of personal service.

Barbara Peyton · Answer

File your petition for divorce in the county in which you reside.  Then make efforts to have the other side served with papers.  Once that fails file a Request with the court for permission to serve the other side by publication in a newspaper of general circulation in the town of his last known residence.  You might need an attorney for that part of the case.

Joanna Mitchell · Answer

Hire a lawyer to assist you. There is a specific process that needs to be followed, but if all efforts fail, then he can be served via publication.

Annette Sandoval · Answer

You would have to serve him by publication in the area of his last known address.

Suzanne H. Lombardi · Answer

In Alaska you can file for a dissolution and state that your husband has been gone for 12 years.  Most probably you will have to publish in a newspaper in the last place you knew that he lived.  You will need to show the court that you tried to contact him about the divorce.  An attorney can help you so that the paperwork is done correctly.

Harry Roth · Answer

File the petition just as you normally would. Then make a "due and diligent" search. That means really try and not just say, "I can't find her". There are many things you might do. Which ones you actually do will depend on circumstances.  First, do you suspect that she may be deceased? If so, check with the vital statistics department of one or more states, start with California or if you know she moved to another state after separation or you last lived together in another state, start there.?   Do you have children together? Does she have children from prior relationships? They may be easier to find, if they are not hiding from you. How about her parents?? Brothers or sisters?? Are they still living?? Can you find them?? Lots of these people may be willing to help you, or at least contact her and let her decide whether to contact you.  Run a credit check on her.  Go to her last known address and ask the people living there.  Google her.   Call the last cell phone number you had for her.  Check with DMV (you may need a lawyer to do this for you; California won't give out addresses to just anybody).   Write her a letter to the last know address and write "Address correction requested" on the outside of the envelope.  If you do a bunch and things and still can't find her then you can serve by publication. You must prepare an affidavit for the judge setting forth everything you have done to try to find her.  If the judge feels you have really tried and not succeeded, then the judge will sign an order for publication. Contact the advertising department of the newspaper you select (you have to tell the judge up front which newspaper and why you think that might actually tell her what is going on).  One thing you might not have considered. She may have already divorced you. Check the courthouse for every place you know she has lived since you separated. (Who knows, you may not find the divorce, but if you find that she is being sued by collection agencies, likely you have found her.) If she has divorced you, get a copy of the papers saying you are divorced from the courthouse and have a happy life.

Glenn Tanner · Answer

hire a private detective to find him or serve him by publication. YOu'll need permission from the court to do the latter

Ronnie Vargas · Answer

You would need your spouse's last known address, make reasonable attempts to locate him in order to serve him (ie. Attempted process service, mail check, DOT check) Once you've done this then you can petition the Court for service of process via legal publication.

William Spern · Answer

File the divorce and publish the summons and complaint in a paper of record. The court can refer you to such papers who will take care of all for a fee.

Kenneth Friedman · Answer

Florida law allows you to proceed by publishing a notice in the local legal   newspaper, provided that you make a diligent effort to find the missing   spouse.

John Brennan · Answer

You will need an order of substituted serve issues by the court, it is not that difficult.

Dean Esposito · Answer

You have to request that a curator be appointed to accept service and attempt to  locate your spouse.

Wesley Poole · Answer

You can serve him or her by publication.

Willie Stephen Graves · Answer

Your spouse can be served by publication. It's not difficult. See a lawyer.

Leonard A. Kaanta · Answer

You can file and serve by publication.

Loren Zahn · Answer

You can file as you normally would. Service can be effected by publication if all other avenues have been exhausted.

Bernal Ojeda · Answer

file then get order to publish summons

John Rivers · Answer

In Georgia a divorce may be served upon a defendant by publishing a notice for the prescribed number of times pursuant to the proper order obtained from the Court.

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How can I file for divorce if I cannot locate ex who has been gone for 12 years?

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