How Do I Get a Divorce if I Can't Locate My Husband?

Full Question:

I was married in Wisconsin and have been separated since 1985, don't know where husband is I live in Georgia. How do I go about divorcing him if I can't find him. I intend to file the papers myself w/o an attorney, which papers do I need
09/05/2009   |   Category: Divorce   |   State: Georgia   |   #18457

Answer:

To file for divorce in Georgia, the party filing for divorce must have been an actual and bona fide resident of the State of Georgia for at least six months prior to the filing of the petition for divorce and the divorce action shall be filed in that party's county of residence. A form called a petition must be filed with the clerk of the superior court in the county where the person who files lives. A summons must then be issued by the court. The summons is a paper stating that one spouse is filing for divorce. The person filing for divorce must have someone who is 18 years or older personally deliver copies of all papers of the summons and the petition to his or her spouse.

If the spouse cannot be located, the judge may approve an alternative way to notify the person. I suggest calling the local clerk of courts to inquire about divorce by publication procedures, as rules vary by court. Often, a notice is required to be published in a local newspaper for a certain period of time.