How do I divorce my husband that I haven’t seen in two years ,in oklahoma

We separated in 2015 an I haven’t
seen him scene how would I go
about divorcing him here in

Asked on May 16, 2017 under Family Law, Oklahoma


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In a situation such as this, there is something known as "service by publication". By way of background, in any legal proceeding action against cannot be taken against a person without first giving them notice of the proceedings, so that they have the chance to appear and explain their side. Accordingly, in the case of a divorce filing, even if a spouse can't be located they still must be notified before the case can proceed. Service by publication generally by having the filing spouse (i.e the "petitioner") making a good faith effort to find their missing spouse (i.e. the "respondent"). The petitioner must then present proof to the court that they made a diligent effort to locate the respondent. Once this is done they will be allowed to serve that spouse by publishing notice of the divorce in a newspaper in the spouse's last known whereabouts (as opposed to personally serving them which is the usual method). As a general rule, the respondent has 30-60 days to file their reply. If they fail to do so within the specified time, the petitioner can then file a request to enter a "divorce by default" (the respondent is given a certain time limit in which they can file an appeal). At this point, you can consult directly with a local divorce attorney as they can best advise you further.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.