How can you get a divorced from someone who is MIA?

The court will require him to make an attempt to locate her through a process server who can then prepare an Affidavit of Due Diligence. This Affidavit will be submitted to the court asking that publication in a newspaper be allowed in lieu of serving her personally (if the process server cannot locate her). The notice is published for 4 weeks thereafter the default process can be started.

I cannot tell from the facts if the parties have only been separated for 3 weeks or she has just been MIA in general for 3 weeks, but if the former, unfortunately he must be separated for one full year before he can file for divorce. Other matters, whether it be children, assets, debts, alimony, etc. can be handled anytime after separation. If a separation agreement was in fact signed, then she will be held to that contract, but if you only meant they had verbally agreed on things but had not yet memorialized anything, unfortunately that will likely not be something he can prove or enforce. If they have in fact been separated for one year, a divorce can still be filed and it would need to be served through "publication" in the newspaper. He should consult with an attorney to discuss his options to best protect his rights and also discuss options about the house and debts, which are clearly the urgent matter .

It sounds as if they almost had the case settled, but she disappeared before the final paperwork was filed. If so, he needs to set a Trial Date, serve the papers to her attorney or last known address, and if she doesn't show up, the court will make the decisions without her input. If no case has even been filed, then he will need to begin the case and have her served. If he cannot find her to have her served, he will need to contact her friends and family, her last employer, and the post office to find if she left any forwarding address. If he is unable to find her through those means then he can go to the court and show the court all the ways he has tried to locate her and request permission to serve her by local newspaper publication.

In Georgia, if the whereabouts of the Defendant are unknown, upon providing an Affidavit of Diligent Search, the judge may approve to permit the Defendant to be served by "publication". Once the proper notice has run in the legal organ (newspaper) for the County, if no Answer has been filed within sixty (60) days from the date of publication, then the Plaintiff may request a final hearing to conclude the divorce action. The facts you provide indicate that his wife has only been gone for three weeks. The judge will most likely require more detail in the Affidavit as to what efforts he made to locate his wife (for example, contacting her relatives, employer, etc.). If the judge is not satisfied with the efforts he made to locate his wife, the court will not permit service by publication. Contact my office if he has any other questions.

She has to be served with the complaint for divorce; If she has a last known address, personal service or certified mail; If her whereabouts are unknown, then a notice posted in the local paper advising her of the filing of divorce must be used. Check with your local domestic clerk for details on how to do this.