Will a judge grant a divorce.

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

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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