How to File for Divorce if Your Spouse is out of State
Filing for divorce if your spouse is out-of-state takes a little extra time and may require extra paperwork. If you know where your spouse lives, the process is similar to if he lives in-state. A missing spouse may create further complications. If you have minor children, the family court clerk takes care of the service of the divorce summons and complaint.
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Instructions
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File divorce papers in your county of residence. If you are initiating the divorce, you must file in your (and not your spouse's) county of residence.
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Assess your situation. If your divorce is uncontested, serving your spouse via certified mail is fine. If your divorce is contested, get the help of a process server or the sheriff's department of the county in which your spouse lives to ensure the papers are properly served.
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Take proof of acceptance of the divorce summons and complaint by your spouse to the family court clerk. These documents should be mailed to you.
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Publish the divorce summons in a local newspaper if your spouse cannot be located. Contact the court clerk to determine the details of which newspaper in which to publish, and for how long the notice must run.
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Bring proof of the public notice to the county clerk before your divorce proceedings begin.
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Tips & Warnings
A lawyer will take care of all the issues of your divorce--including filing the paperwork--when a spouse is out-of-state.
Always ask for advice from the court. Divorce laws vary by state. The best way to make sure your spouse is properly served and your divorce proceedings can begin is to seek the advice of the court.
Never assume anything. Just because you sent the divorce papers to your out-of-state spouse does not mean your divorce proceedings can begin. You must get proof that he received the papers.
