QUESTION
How can I divorce my wife if I do not know where she is?
Asked on Jul 03rd, 2011 on Child Custody - Georgia
More details to this question:
If I can't find my wife and I don't know where she moved how can I get a divorce and do I have to do it in that state or can I file where I live?
17 ANSWERS
Generally, you can file for divorce wherever you live, and if the other party cannot be located after a diligent search, you can serve by publication.
Answered on Jul 04th, 2013 at 1:58 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You can file where you are but the court won't have jurisdiction to order certain things.
Answered on Jul 04th, 2013 at 1:14 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You need to file where you live and make a good faith effort to locate your wife. If after exhausting all reasonable resources you still cannot locate her, then you can serve her via publication. It is strongly suggested that you retain an attorney to assist you as the requirements for perfecting service via publication can be quite technical.
Answered on Jul 11th, 2011 at 11:13 AM
William C. Gosnell
A search must be completed and if still not found, then you can publish for four weeks in the Newspaper. Hire a Divorce Lawyer and they will explain further.
Answered on Jul 08th, 2011 at 3:51 PM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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Under Washington law you would have jurisdiction here if both of you lived together in the state at any point during the marriage. If that is not the case, then you need to discuss your situation with an attorney. If you cannot locate your wife to serve her with the papers, you may be able to get permission from the court to do alternate service by publication or mailing to last know address.
Answered on Jul 08th, 2011 at 10:54 AM
Family Law Attorney serving Hackensack, NJ
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The Law Offices of Stuart Jon Bierman
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Not knowing where your spouse resides does not create difficult problems in getting a divorce although it does make things more complicated and it takes longer to finalize the divorce. You should talk with an attorney about this process and how it relates to your particular circumstances.
Answered on Jul 07th, 2011 at 2:37 PM
You file where you live and will then need to attempt service and publish at her "last known address" that you knew of. Or attempt a search to locate a last known address for her and do the same. You do need to be careful of these steps to ensure that your divorce is valid.
Answered on Jul 07th, 2011 at 9:54 AM
William Guy Pontrello
Can file where you live and serve her papers constructively. best to get a lawyer.
Answered on Jul 07th, 2011 at 9:49 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You can (and should) file where you live. If you can demonstrate to the court that you have made a diligent effort to locate your wife without success the Court can authorize notice to her by publication. That will permit the court to grant a dissolution of the marriage, but the court may have to reserve dealing with any financial issues until later when she is subject to the personal jurisdiction of the court.
Answered on Jul 07th, 2011 at 9:40 AM
You can probably get divorced where you live, depending on the particular requirements of that state. The difficult part will be getting some sort of service upon her. The preferred method of service is personal service. However, if you can convince the court that personal service is not possible, and depending on your exact facts and circumstances, you may be able to convince the court to allow you to proceed by either mail service to her last known address and/or service by publication.
Answered on Jul 07th, 2011 at 9:39 AM
Steven D. Dunnings
You can file here and file a motion for alternate service. If you don't know where she lives, how are you going to file a divorce where she lives?
Answered on Jul 07th, 2011 at 9:36 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You can file for divorce in Oregon. The court will allow you to serve your wife by publication if you cannot locate her.
Answered on Jul 07th, 2011 at 9:33 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes if you can't serve her you will have to publish notice.
Answered on Jul 07th, 2011 at 9:30 AM
2 Awards
If you have lived in Florida for more than 6 months and all you want is the divorce, meaning no alimony, child custody or child support, you can serve her by publication and perform a diligent search. There are packets at the local clerk's office that can help you through this if you cannot afford an attorney. I suggest you consult a local Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answered on Jul 07th, 2011 at 9:23 AM
Bankruptcy Chapter 7 Attorney serving Salt Lake City, UT
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Brandon L. Baker, Attorney at Law, P.C.
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Good question. There is a technical route to do this by getting the court to grant you permission to serve her by publication. Give me a call and I would be happy to assist you with getting service by publication.
Answered on Jul 07th, 2011 at 9:13 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Please seek counsel from a domestic relations attorney. Usually, if a spouse cannot be found, notice of the divorce pending can be achieved by taking an advertisement in the locally designated general circulation newspaper. But you will need counsel to succeed.
Answered on Jul 07th, 2011 at 9:05 AM
Glen Edward Ashman
If you are in here in Georgia, and have been here six months, you can file here. The law will require what is called a diligent search. Once you have done that, your lawyer should be able to get you through the case pretty quickly.
Answered on Jul 06th, 2011 at 5:01 PM