QUESTION
How do I file for divorce if I don’t have my spouse’s address or phone number?
Asked on Oct 24th, 2012 on Divorce - Michigan
15 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You have to make certain efforts to find him then fill out the firms for a hearing for permission to serve him by publication.
Answered on Oct 28th, 2012 at 4:24 AM
When you file the Divorce action with the Court, also file a Motion to Serve him via alternative means, ie: by certified Mail; at the last know address; or via publication with the Intermittent Commercial Record for 4 weeks. The judge assigned to your case will be tho one to sign an Order allowing you to serve him via atnate means The services of an attorney may be your best bet to assist you.
Answered on Oct 26th, 2012 at 9:33 PM
Divorce for Men Attorney serving Nutley, NJ
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The Micklin Law Group, LLC
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After the complaint for divorce is filed, you must file an affidavit of diligent inquiry, meaning you have made a good faith effort at locating him. A good faith effort can, but does not have to, include writing to all branches of the military, to the DMV of the last state you know he resided in, the USPS, any friends or family, and last known employer.. An affidavit of diligent inquiry should accompany a motion to the court for permission to serve the defendant by publication in the newspaper. Once you obtain a court order, publication must be made once in a newspaper of general circulation in the county in which venue is laid. Publication must be in the form of a summons without caption, stating the object of the action and the name of the defendant, the docket number, court and county of venue. It must also state that he has 35 days to respond. After 35 days expires, you can proceed as though he has defaulted.
Answered on Oct 26th, 2012 at 8:09 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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If you really can't find your spouse you can serve him with divorce papers by publication. Good luck.
Answered on Oct 26th, 2012 at 7:59 PM
After due diligence you can apply to the court to serve your husband by publication in a newspaper of general circulation in the city or town of his last known residence. It costs a little more but in appropriate cases the court will order service that way.
Answered on Oct 26th, 2012 at 5:46 PM
You will have to do a due diligence search for his whereabouts and be able to document that search to the court. You can then seek permission of the court to use an alternative method of service. You should consult a family law attorney for assistance with this process.
Answered on Oct 26th, 2012 at 5:45 PM
We will serve him through publication if you do not know his whereabouts.
Answered on Oct 25th, 2012 at 12:17 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You can file regardless of what you know. But, you must make a diligent effort to locate him so that you can serve him notice of the filing and afford him an opportunity to participate. If every reasonable effort to find him is unsuccessful, a court can authorize you to provide that notice by publication in a local newspaper.
Answered on Oct 25th, 2012 at 12:16 PM
Dennis P. Mikko
After you file for divorce, you would have to make reasonable efforts to locate him. If you cannot locate him, you could then, through motion, ask the court to allow service by alternative means such as publication and mailing to his last know address.
Answered on Oct 25th, 2012 at 12:15 PM
You can file by publication and obtain your divorce. However, you cannot deal with issues of property division, custody, child support, when you do the divorce by publication.
Answered on Oct 25th, 2012 at 12:14 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Find him. If you cannot, you might be able to publish in the local paper. You need an attorney to do it right.
Answered on Oct 25th, 2012 at 12:10 PM
Family Law Attorney serving Monterey, CA
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Law Offices of Crawford & Crawford
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You can file with no problem. The problem is getting them served. Start your "due diligence" search now. If you find them then you know where to have them served. If you do not find them you need to show your search efforts to get an order to publish notice in the newspaper.
Answered on Oct 25th, 2012 at 12:10 PM
You might want to try searching the internet for him. Also, file a Freedom of Information request with the Post Office.
Answered on Oct 25th, 2012 at 12:05 PM
Theodora B. Fader
You can still file for and complete a divorce even without knowing your spouse's whereabouts. Service of process may be made by substitute service, such as publication, but a motion is required to obtain an order for substitute service and you must make reasonable efforts to locate your spouse before you would be granted such an order. Reasonable efforts to locate would include an inquiry with the post office and contacting friends or relatives of your spouse to determine his whereabouts. Because the procedure and requirements can be confusing, you should retain an attorney to assist you.
Answered on Oct 25th, 2012 at 12:05 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, on filing you will need to seek an order for substituted service, and comply with it.
Answered on Oct 25th, 2012 at 12:04 PM