You can get a divorce where you do not know the location of your husband. Our legal system requires "serving notice on"-that is, informing your spouse that you want a divorce. But if you don't know your spouse's whereabouts, what can you do? There is something called Divorce by Publication.
This is how it works. The law requires, first, that a "diligent effort" be made to "search" for your spouse in the "jurisdiction" where that person was last known to live. Your lawyer does this by contacting various agencies - the post office, the board of elections, the different branches of the military, the motor vehicles department-and asking whether they know of the person's current, or last place of residence. Searches also include telephone directories and the Internet. If a person is found with your spouse's name, an investigation must he done to determine whether that person is actually your spouse. If these efforts result in finding your spouse, notice of your divorce action can be served.
But if the search fails to locate anyone, your lawyer can apply to the court for an Order of Publication. The application lists all the search efforts so that the court sees that a "diligent effort" was made to find the missing spouse. When an Order of Publication is signed by a judge, your lawyer can then publish a legal notice in a newspaper stating that yon are bringing a divorce action against your spouse. This is the legal equivalent of "serving notice" with a "summons."
If your husband does not answer the summons, you would then be entitled to obtain a divorce on default. You should check with an attorney in your area for the specific Court requirements in your state.
Alfred Polizzotto, III, Esq.
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