If I don’t have my spouse’s information do I need a lawyer?

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If I don’t have my spouse’s information do I need a lawyer?

We were married 16 years ago and separated shortly after. I haven’t seen her since. I tried to fill out dissolution of marriage forms but the only thing I know is her name and her dad’s address. If I don’t even have enough information to fill out the forms, do I need a lawyer? We have no children together (although I believe she has a few), no assets, no joint anything. There has literally no contact in 15 years.

Asked on February 5, 2019 under Family Law, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In a case such as this, before legal action can be taken against a spouse they must be given an opportunity to appear and explain their side. This is what is called "notice".  When a spouse cannot be located, then there is something known as a "divorce by publication".The Petitioner (i.e. the filing spouse) must make a good faith search to find the Respondent (i.e. the missing spouse). The Petitioner has to present proof to a court that they made diligent efforts to uncover their spouse's whereabouts. At such point, the Petitioner will be allowed to "serve" the Repondent by publishing notice of the divorce in a newspaper (the judge which one; it is usually one that is in the area of the Respondent's last known location). The Respondent will have about 30-60 days to file their answer (depending on state law0. If they fail to file, the Petitioner can request to enter a "default divorce". Such a divorce is typically granted upon the terms requested, although the Respondent is given a certain period of time in which they can appeal. While you can file yourself for such a divorce, you may want to consult directly with a local divorce attorney who can best advise you further.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In a case such as this, before legal action can be taken against a spouse they must be given an opportunity to appear and explain their side. This is what is called "notice".  When a spouse cannot be located, then there is something known as a "divorce by publication". The Petitioner (i.e. the filing spouse) must make a good faith search to find the Respondent (i.e. the missing spouse). The Petitioner has to present proof to a court that they made diligent efforts to uncover their spouse's whereabouts. At such point, the Petitioner will be allowed to "serve" the Repondent by publishing notice of the divorce in a newspaper (the judge which one; it is usually one that is in the area of the Respondent's last known location). The Respondent will have about 30-60 days to file their answer (depending on state law0. If they fail to file, the Petitioner can request to enter a "default divorce". Such a divorce is typically granted upon the terms requested, although the Respondent is given a certain period of time in which they can appeal. While you can file yourself for such a divorce, you may want to consult directly with a local divorce attorney who can best advise you further.


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.

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