Will a judge grant a divorce.
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Will a judge grant a divorce.
Haven’t seen my husband in over 14yrs. He’s been remarried twice. All attempts to
contact him over the years have been blocked. Went to track down divorce papers
between the 2 of us. Only to find out there were none.
Asked on March 21, 2016 under Family Law, Arkansas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
In a situation such as this, you (the petitioner) can "serve" a divorce complaint to your husband (the respondent) using a notice by "publication". This is a legal mechanism employed when the respondent cannot be located by the petitioner. In order to obtain service by publication, you'll once again need to perform a thorough search for your missing spouse in the same general locale of where he was last known to reside (you can search DMV records, voter registratio records, etc.). If your search fails to find him, then you can apply to the court for an order of publication (this entails giving notice of the divorce proceedings to your husband by publishing it in a newpaper that your spouse is likely to read). Once the court signs off on the order, a legal notice will be sent to the newspaper (the judge will select the paper). If your husband doesn't respond within the allowed time period(generally 30-60 days), you can file what is known as a "divorce by default". In approximately 2 to 4 months, you should receive the final judgment. Since much of this is state specific, you really should consult directly with a divorce attorney in your area. They can best advise you further.
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