obtain divorce spouse whereabouts unknown for 7 years

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obtain divorce spouse whereabouts unknown for 7 years

Wife moved out, went to Washington,moved and don’t know where. No contact

Asked on January 15, 2017 under Family Law, Hawaii

Answers:

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

Answered 4 years ago | Contributor

Any time there is a legal action, any person named in it needs to be given proper notice. In a case such as this, it means that you will have to serve your wife to give her the opportunity to answer the complaint (that's something that you will file). When a spouse cannot be found, after all reasonable and diligent attempts to do so, they may be served notice via "publication". What this means is that you can ask the court to allow you put a notice in a newspaper in the area of your wife's last known whereabouts (the court will instruct you in what newspapers to do this). After that, if she fails to respond, you can proceed with the case and a "divorce by default" can be granted at the court's discretion on the terms that you requested. At this point, you should speak directly to a divorce attorney in your area who can advise you further.


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