Q: Trying to file for divorce can’t locate the other party
A:
It is possible to file for divorce when you do not know the whereabouts of your spouse. You may have to serve your spouse by publication and will likely have to pay for a fees of an attorney ad litem appointed by the court to represent your spouse in order to secure a default judgment.
You will need to demonstrate that you have exercised reasonable diligence to locate your spouse. What constitutes reasonable diligence depends on the facts of your particular situation. Commonly, you will have a last known address where your spouse lived at some point in time in the past. It is relatively easy to see if the USPS still has a forwarding address on file. Commonly, you will know your spouse's closest relatives and will have had to contact them to determine if they know your spouse's whereabouts. Obviously, you can easily check things like state drivers' license, ID, and occupational license databases. You might also check state and federal inmate locator databases to see if your spouse has been arrested and is in jail.
Jane M. Gekhman agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
