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

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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
Oklahoma

Asked on May 16, 2017 under Family Law, Oklahoma

Answers:

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.


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