How to Divorce Someone Who Has Disappeared

It is possible to divorce a spouse who cannot be located.

When a spouse disappears, the remaining spouse can face difficulties filing taxes, making decisions about children and moving on with life. Divorcing a spouse who cannot be located presents some legal and technical challenges, but can be done. State laws will vary on how to divorce a missing spouse, but some general principals apply.

Instructions

1. File a divorce complaint. Every divorce starts with the filing of a divorce complaint. Usually, the divorce complaint will detail the names of the spouses, the date and location where the marriage took place, information about common children and the reason for the divorce. The person filing the complaint is the plaintiff-spouse and the missing spouse is the defendant-spouse. It is important to file the complaint in the right court. As the plaintiff spouse, you may file a divorce complaint in the state district court for the county where you and your spouse resided.

2. Serve the divorce complaint on your wife. Service of the complaint lets her know that she is being sued for divorce. Effecting service will likely be the most difficult part of the divorce process when a spouse has disappeared. Usually service is effected in person or by certified mail. When your wife cannot be located, state law will dictate how to effect service. Commonly, you will be required to attempt to find your wife by contacting relatives and acquaintances. If she still cannot be located, it is common to make service by publication.

3. Serve notice to your husband by publication. Although state laws vary somewhat, service by publication usually involves posting a notice of the divorce complaint in a special legal newspaper. Once service has been effected by publication in accordance with state law, you have met your service obligations.

4. Await an answer. Once service is effected by publication, your wife must be allowed to respond. She now has a set time period to acknowledge the divorce proceedings through a document called an "answer." In the answer, the she will either admit to the allegations and statements in the divorce complaint or deny them. Most states allow around 60 days for the defendant-spouse to file an answer to the divorce complaint. If your wife does not file and answer within the allotted time, you may proceed with a default divorce judgment.

5. Obtain a default divorce judgment. A default divorce occurs when your husband fails to answer the divorce complaint after proper service. You then appear before a judge and present your claims as stated in the properly pleaded divorce complaint. The judge grants the divorce in the absence of the missing spouse.

Tips & Warnings

• Consult a family law attorney in your community to represent you in your divorce.

References

• Jeffrey B. Peltz, P.C.; I Want a Divorce but I Don't Know Where My Spouse Is; Jeffrey B. Peltz
• My Family Law: How Do I File For Divorce if My Spouse is Missing?
• Divorce 360; MIA Spouse? Here's What to Do; Nancy Perry