How to file a divorce if you can’t locate your spouse?

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How to file a divorce if you can’t locate your spouse?

I would like to fill for a no fault divorce but my wife lives in another state and I have no contact with her. I have tried to reach her family, friends and place of work but no one is able to tell me any thing. What can I do?

Asked on September 26, 2011 under Family Law, Oklahoma

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you know your wife's address, you can file your documents with the court and have her served by a process server.  You can select a process server in or near the town where she lives.  You can find process servers listed under attorney services either online or in the Yellow Pages.  She can be served at her place of employment.

If you didn't know your wife's whereabouts, you could have her served by publication.  Service by publication is running the notice in the legal notices section of your newspaper.  Check with the court clerk to inquire how long the notice has to run in the newspaper for it to be effective service of process.  The time period for running the notice varies from state to state.

Service by publication is effective service of process even if your wife doesn't see the notice in the newspaper.  Service by publication is only if you don't know your wife's location. 


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