Where do I file for divorce?

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Where do I file for divorce?

I was married in OK. I have since moved to PA and have been living there for 16 months. Do I file for divorce in the county in which I was married or where I

currently live? My spouse still lives in OK but I’m unsure of his exact location.

Asked on June 3, 2018 under Family Law, Pennsylvania

Answers:

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

Answered 3 years ago | Contributor

You file for divorce where you currently reside in PA.
You can have a process server in OK do a skip trace to locate your husband and serve him with your petition for dissolution of marriage.  
If your husband cannot be located by the skip trace, he can be served by publication.  Service by publication means running the notice of your petition for dissolution of marriage in a newspaper for a period of time required by the PA court.  You can ask the court clerk how long the notice must run in the newspaper for effective service by publication.  The required length of time varies from state to state.  The notice would appear in the legal notices section of a PA newspaper.  Service by publication is effective even if your husband does not see the notice in the newspaper.

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

Answered 3 years ago | Contributor

You file for divorce where you currently reside in PA.
You can have a process server in OK do a skip trace to locate your husband and serve him with your petition for dissolution of marriage.  
If your husband cannot be located by the skip trace, he can be served by publication.  Service by publication means running the notice of your petition for dissolution of marriage in a newspaper for a period of time required by the PA court.  You can ask the court clerk how long the notice must run in the newspaper for effective service by publication.  The required length of time varies from state to state.  The notice would appear in the legal notices section of a PA newspaper.  Service by publication is effective even if your husband does not see the notice in the newspaper.


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