All defendants in a litigation must be served with process (receive a copy of the complaint filed against them). A defendant is usually served with process in person wherein they are handed a copy of the complaint. However, if you do not know where the defendant currently lives or works, then he or she can be served constructively by publication. Constructive service of process by publication is done by running a notice in a local newspaper where the defendant last resided. The notice must be run for 4 consecutive weeks and the cost will vary depending on the newspaper chosen. Additionally, the plaintiff must have taken reasonable steps to locate the defendant before constructive notice will be approved by the court. That includes but is not limited to, trying to locate the defendant through family members, known associates, known employers, and an internet search.
After the notice has run for 4 consecutive weeks, the defendant will have 30 days from the last day the publication to file a written response with the court. If the defendant fails to do so, the plaintiff can be granted a divorce by defaulting the defendant. A final judgment of divorce will then be granted to the plaintiff.
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