What can I do to serve divorce papers to my wife if she does not want to be found?
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What can I do to serve divorce papers to my wife if she does not want to be found?
I want to serve my wife divorce papers, her family knows where she is and they refuse to tell me. What can I do?
Asked on September 30, 2011 under Family Law, Washington
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is something known as "divorce by publication" which a legal remedythat would apply is a situation such as this. One of the basic tenents of the judicial system is the concept of notice. Basically this means that legal action is not taken against a person without giving them an opportunity to appear and explain their side. In a situation of a divorce in which there is an absent spouse, that spouse must still be informed of the divorce action before it can proceed.
So, the filing spouse (i.e. petitioner) must make a good faith effort to find their missing spouse (i.e. respondent). They have to present proof to a court that they made a diligent search to find them. Typically they will have to show that they checked with family/friends, voting records, the DMV, and any other source that would likely lead to uncovering their spouse's whereabouts.
Then and only then will the petitioner will be allowed to serve the repondent by publishing notice of the divorce in a newspaper (instead of personal service). The court will instruct as to which newspaper should be used. Typically it will be in one that is in the area of their last known location.
The respondent has 30-60 days to file an answer after the first day of publication. If they fail to do so, the petitioner can then file a request to enter a default divorce. As a general rule, it is granted upon the terms requested by the petitioner (although the respondent is given a certain timeframe in which they can appeal the terms of the divorce).
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