How to divorce my wife if I don’t know where she is?

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How to divorce my wife if I don’t know where she is?

I filed for my divorce and I sent the papers for my wife to sign to, at least what I thought was, her address. That was 3 weeks ago. I have emailed them to her also and no response. What do I need to now to get a divorce since her phone is shut off can’t get a response on email nor in the mail. Can I still get a divorce or do I have to go through a lot of stuff? We do not have kids and its a uncontested divorce; we have no property together or anything like that.

Asked on April 18, 2012 under Family Law, Texas

Answers:

Patricia F. Bushman / Bushman & DuBose, LLC

Answered 9 years ago | Contributor

Yes, you can get divorced.  If she won't cooperate with you, then have her served.  Just cause she won't answer you, doesn't mean she doesn't live there.  Try to verify she lives there and hire a process server.  If she is served, and doesn't answer, then you can just get a default, only a little more work than an uncontested divorce.  An attorney can help you with all of this.  Good luck.

Alan Pransky / Law Office of Alan J Pransky

Answered 9 years ago | Contributor

You can always get divorced even if the other spouse doesn't cooperate.  It is a contested divorce instead of an uncontested divorce.  You may need to change the initial filing in court to reflect the change.  In Massachusetts you can hire a sheriff or constable to serve her.  They can serve her at her last known usual place of residence.  If it appears that service at that address won't result in her having knowledge, you can file a motion for alternative service.  You can ask the court to serve by publication in a newspaper or by serving a person who is likely to know how to contact her such as a parent.


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