What can I do if I cannot locate my spouse for a divorce? 30 Answers as of October 28, 2011

What happens if my spouse cannot be located in order to serve papers to continue with divorce proceedings?

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The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
You have to follow the right court procedure, then publish in the newspaper. I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
Answer Applies to: New Jersey
Replied: 10/28/2011
The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
Someone else will need to try and serve your spouse (last known address, place of employment, etc.). If that person is unable to find your spouse, have them complete a declaration of due diligence. Then you file a motion for publication and attach the declaration of due diligence. What you are requesting in the motion is an order allowing you to publish the summons and petition in a newspaper nearest to your spouse's last known address. Once the publication time period has expired, you can continue with the proceeding.
Answer Applies to: California
Replied: 10/4/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
After a due-diligence search by a private investigator, with a Declaration of Due Diligence detailing the efforts to locate your spouse,seek and Order for Publication of Summons by the divorce court; once ordered, have a newspaper of general circulation publish the Summons for 30 days, obtain proof of publication, fileproof of service via Publication, and the case can proceed, most likely by way of default if your spouse cannot be located.
Answer Applies to: California
Replied: 10/4/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Hire a process server or private investigator to do a skip trace on her. If after due diligence your agent cannot find her, you may want to serve by notice of publication.
Answer Applies to: California
Replied: 10/4/2011
Hugo Florido ESQ.
Hugo Florido ESQ. | Hugo Florido
There is a process know as divorce by publication. You must carefully follow the rules in attempting to locate your spouse, but after diligently searching you do not find, and have advertise the divorce for a period of four weeks, you can still have your marriage dissolved (divorced).
Answer Applies to: Florida
Replied: 10/4/2011
The Law Office of Kem Eyo, LLC
The Law Office of Kem Eyo, LLC | Kem Eyo
You will need to serve your spouse by publication.
Answer Applies to: Georgia
Replied: 10/3/2011
AyerHoffman, LLP
AyerHoffman, LLP | Cara Lee Thompson
If you cannot locate your spouse for purposes of service of your complaint for divorce, then publication is an option that you have. You should consult your jurisdiction's rules to determine details such as how long the ad should run (along with others) in order to effectuate service through publication.
Answer Applies to: Massachusetts
Replied: 10/3/2011
Hochman and Peppler, LLC
Hochman and Peppler, LLC | Thomas R. Peppler
You can file an affidavit of diligent search and then serve him by publication. A lawyer can help you with this.
Answer Applies to: Florida
Replied: 9/30/2011
The McDonnell Law Firm, PLLC
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
There are alternative methods of service besides personal service. One of which is the attachment of the summons to her last known place of residence followed by a mailing. A final method if all other legal means fail is to publish it in two local newspapers twice within 28 days. Consult an attorney for the best alternative method.
Answer Applies to: New York
Replied: 9/30/2011
Law Office of James L. Miller
Law Office of James L. Miller | James Miller
Whoever has been trying to effect service will need to do a declaration of due diligence. With that you can file a motion for publication. If the motion is granted you will then have to publish the summons and petition in a newspaper that is distributed at your spouses last known address.
Answer Applies to: California
Replied: 9/30/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    You have to try to personally serve first. If unsuccessful, you can either serve by publication or by mail pursuant to a Court order.
    Answer Applies to: Washington
    Replied: 9/30/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    In some cases, with a lawyer's help you can get divorced fairly easily by publication.
    Answer Applies to: Georgia
    Replied: 9/30/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    If you can't locate your spouse after a diligent search, then you can request an order from the court allowing your spouse to be served by "publication."
    Answer Applies to: California
    Replied: 9/30/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You must demonstrate that you have made an active search and file a Motion to serve divorce papers by alternative service. That usually means being allowed to serve the divorce papers by publishing a notice in a local paper where the other party last lived.
    Answer Applies to: Minnesota
    Replied: 9/30/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    First, you are going to have to make sufficient effort to locate your spouse that you can convince the court that he or she has really disappeared or is hiding. That will probably mean hiring a professional process serving agency to try to track your spouse down to serve him or her. Once you have proof in hand showing that your spouse cannot be located for personal service, then, you are going to have to make a motion to the court asking the court to enter an order authorizing service by publication.
    Answer Applies to: Washington
    Replied: 9/30/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You can get an order for service by alternate means, such as publication or mailing to the last known address.
    Answer Applies to: Oregon
    Replied: 9/30/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    The rules provide for alternate service.
    Answer Applies to: New Jersey
    Replied: 9/30/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Ask the court for an order of notice to serve by publication or last address.
    Answer Applies to: Connecticut
    Replied: 9/29/2011
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    There are options for service by publication. Most of the time it's reasonably easy to trace a missing spouse.
    Answer Applies to: New York
    Replied: 9/29/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    There is a procedure to follow for substitute service, which includes attempting service first at a last known addresses, then publishing, and also mailing by regular mail to last known address and signing affidavit that the mailing was done. All 3 of those need to be done in the short window for service time after the filing of the action in Wisconsin.
    Answer Applies to: Wisconsin
    Replied: 9/29/2011
    Lewis, Pfanstiel & Williams, PCLO
    Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
    You can have him served by publication.
    Answer Applies to: Nebraska
    Replied: 9/29/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You can ask the Court for approval to provide notice to your spouse by publication.
    Answer Applies to: Colorado
    Replied: 9/29/2011
    Law Offices of Laurie Peters
    Law Offices of Laurie Peters | Laurie Peters
    Depending on the situation, there is a way to do substituted service or you can file to get the court's permission to post it. Before a court would allow someone to serve publicly or by posting, you must show that you have done your due diligence to locate your spouse. Most local courts have a self-help center. You may want to go to one in your area to see what can be done in your particular situation. Just serving someone does not complete the divorce so you may want to see an attorney to make sure nothing slips through the cracks, or is left open to setting aside the judgment once you have one.
    Answer Applies to: California
    Replied: 9/29/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You must seek permission to serve him by mail or publication.
    Answer Applies to: Washington
    Replied: 9/29/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You can serve him by publication. Hire an attorney to advise and handle this process for you.
    Answer Applies to: Georgia
    Replied: 9/29/2011
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    You have to serve through publication if he/she cannot be located and then pursue default.
    Answer Applies to: Nevada
    Replied: 9/29/2011
    Swann-Zwiebel Law Firm, LLC
    Swann-Zwiebel Law Firm, LLC | Elizabeth Swann
    In Alabama you can get divorced by publication. You need to hire an attorney due to the complexities of divorce by publication. A complaint for divorce can be filed and then the notification will be run for a set number of days and consecutive weeks in the Alabama Messenger which is mandated by the Code of Alabama. After the requisite time for publication, then the lawyer can apply for a divorce on your behalf. This is a special process that is why it requires the assistance of a lawyer to make sure every mandatory element is met.
    Answer Applies to: Alabama
    Replied: 9/29/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    If you are unable to find him, it is possible to get service by publication. Ask your local clerk of court for details on which papers in your area are acceptable.
    Answer Applies to: Florida
    Replied: 9/29/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Cynthia J.Vermeulen
    In a divorce case, when the other spouse cannot be found, efforts need to be made to locate the missing spouse. Often, through internet searches and/or contact with the missing spouse's extended family members or friends, contact information can be obtained and efforts to serve can be made. If the missing spouse cannot be served or located, the court may approve a request for service by publication. There is a process which must be completed to seek a court order for service by publication. The cost of publishing notice is significant, depending on the fees charged by the individual newspaper. However, service in this manner can be effective in cases where there are no other methods to locate the other spouse. It is beneficial to have experienced legal representation in order to properly handle this issue.
    Answer Applies to: Minnesota
    Replied: 9/29/2011
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