If I haven’t seen my husband in several years and don’t know where he is, how can I file for divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I haven’t seen my husband in several years and don’t know where he is, how can I file for divorce?
Asked on July 19, 2015 under Family Law, Iowa
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No court action can be taken against a person without giving them an opportunity to be heard. Accordingly, notice must be given to any party named in a legal siut.And this includes divorce. In a situation in which a spouse is missing the law allows for what is known as a "divorce by publication".
Pursuant to this, the "petitioner (i.e. the filing spouse) must make a diligent effort to find the "respondent" (i.e. the missing spouse). They will have to present proof to a court that they made every effort to search for them, such as checking with family/friends/former landlords, the phone book, the DMV, voting records, and any other source likely to lead to the absent spouse's location..
After that, if there is no success in discovering the spouse's whereabouts, the petitioner will be allowed to serve the repondent by publishing notice of the divorce in a newspaper. The court will instruct as to which paper(s) to use. Typically it will be in one that is in the area of their last known whereabouts.
In most states, the respondent has 30-60 days to file an answer after the first day of publication. If they fail to respond within that time, the petitioner can file a request to enter a "default dissolution" of marriage (i.e. divorce). Generally it is granted upon the terms that the petitioner requests (although the respondent is given a certain time in which they can appeal the divorce or its terms).
At this point you should consult directly further with a divorce attorney in your area. They can best advise as to specific 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.