If Ifiled for a contested divorce from my husband but unfortunately haven’t been able to locate him, canI now go and file a divorce by publication?

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If Ifiled for a contested divorce from my husband but unfortunately haven’t been able to locate him, canI now go and file a divorce by publication?

Asked on February 13, 2012 under Family Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Please allow me to clarify: you have not been able to serve him with the divorce papers, correct?  What generally happens is that you have to prove to a Judge that you have made attempts to locate him through various means and that they have failed.  It is often called an affidavit of due diligence and it is submitted in support of a motion made to the judge to allow you to serve your husband by publication. You can not just do so on your own.  The judge will tell you where and how many times to publish.  Once this is done then you submit the proof of publication and then you go from there.  Good luck. 


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