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If you need a divorce but have lost contact with your spouse, turn to Peter J. Herrmann of Affordable Divorce & Family Svcs., LLC for help. With more than 10 years of experience, Peter knows what steps to take when dealing with this unique situation. You can count on him to handle all the necessary paperwork and help ensure your divorce is finalized correctly.

While many couples file for divorce as soon as they decide their marriage is no longer working, others choose to separate indefinitely or simply abandon the marriage. This can sometimes result in a "missing spouse" situation, meaning one spouse has no way of locating the other to serve divorce papers.

Courts require some form of service or legal notification to the non-filing spouse that a divorce action has been filed, giving that person an opportunity to be heard in court.

In these situations, notice to your spouse can often be satisfied through "service by publication." To get the court to accept this form of service, you must prove that you have made a diligent effort to locate your spouse. By "diligent," the court means much more than a few phone calls.

Once you have exhausted all reasonable efforts and received approval from the court, you can publish a notice in a local newspaper informing your missing spouse of the pending divorce proceedings. The notice is published after the divorce is filed, and the choice of newspaper is typically left up to you. However, it is advisable to verify this with the court clerk, as there may be a recommended publication or a requirement regarding the newspaper's circulation.

Assuming your missing spouse does not respond within the required time frame, your divorce may then be granted by default judgment. The court can grant the divorce and decide the terms based on the relief requested in your filing.

Depending on your circumstances, a "missing spouse divorce" can often be obtained through mediation. Contact us today to learn more or for a free phone consultation.