Divorcing a missing spouse
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Divorcing a missing spouse
I havnt seen my husband in ten years we he
initially started thw divorce process then he
up and disappeared. How do I get a divorce??
Asked on May 31, 2018 under Family Law, Missouri
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Before legal action can be taken against someone, that person must be given an opportunity to appear and explain their side. This is called "notice". And if a spouse cannot be located, then there is a legal remedy known as "divorce by publication" which allows the filing spouse to give a missing spouse notice. The filing spouse (i.e. the "petitioner") must make a genuine effort to find their missing spouse (i.e. the "respondent"). The Petitioner has to present proof to the court that they made good faith efforts to locate the other spouse. At that point the Petitioner will be allowed to "serve" the Respondent by publishing notice of the divorce in a newspaper (usually ones that are in the area of the Respondent's last known location; the judge will instruct on this). The Respondent will then typically have 30-60 days to file their "answer". If they fail to do so, the Petitioner can request to enter a "default divorce". As a generally, such a divorce is granted upon the terms requested (although the Respondent is given a certain timeframe in which they can file an appeal). At this point, you should consult directly with a divorce attorney in our area; they can best advise you as to how to proceed under state law.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Before legal action can be taken against someone, that person must be given an opportunity to appear and explain their side. This is called "notice". And if a spouse cannot be located, then there is a legal remedy known as "divorce by publication" which allows the filing spouse to give a missing spouse notice. The filing spouse (i.e. the "petitioner") must make a genuine effort to find their missing spouse (i.e. the "respondent"). The Petitioner has to present proof to the court that they made good faith efforts to locate the other spouse. At that point the Petitioner will be allowed to "serve" the Respondent by publishing notice of the divorce in a newspaper (usually ones that are in the area of the Respondent's last known location; the judge will instruct on this). The Respondent will then typically have 30-60 days to file their "answer". If they fail to do so, the Petitioner can request to enter a "default divorce". As a generally, such a divorce is granted upon the terms requested (although the Respondent is given a certain timeframe in which they can file an appeal). At this point, you should consult directly with a divorce attorney in our area; they can best advise you as to how to proceed under state law.
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 AttorneyPages.com 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.