I am unable to locate my wife’s address to initiate a divorce suit. What do I do?
Full Question:
My wife and I were married seven years ago. For the last few years we had many issues while living together and my wife moved out of the marital home. Even after separation, we were not able to resolve the problems. Therefore I decided to file for divorce. Since my wife has moved around several times since we first separated, I don’t’ have a good address for her.So, is there any other way to give her a valid notice of the divorce proceedings and get an order of divorce?
11/09/2016 |
Category: Divorce |
State: ALL |
#26462
Answer:
By this method, one can divorce the spouse even if the spouse could not be located or has not participated in the divorce proceeding. However, in such cases the Judge should be convinced of the service of notice of publication of the divorce proceeding and that you were not able to locate the spouse despite diligent efforts. This method is best, when the spouse is Missing In Action (M.I.A).The court will require the filing of an affidavit of marshal service attesting to the publication along with the copy of the publicized notice in the state court. In addition, some states require the filing of an affidavit of military service stating that the spouse is not in the military.
Through this method, the court can also enter final orders even without the spouse’s effective participation in the dissolution of marital estate, including property division, division of assets and debts, and orders affecting children’s custody, visitation, child support among others.