Divorce can be complicated even under normal circumstances, but when one spouse is missing or can’t be located, it can become even more complex. If you are unable to locate your spouse, you may think that your chances of getting a divorce are gone. However, there are options available that allow you to secure a divorce decree even if you can’t find your spouse. To learn how to proceed with the divorce process, continue reading below. Consult with a knowledgeable Montgomery County divorce lawyer for skilled legal advice and representation today.
What Are the First Steps of the Divorce Process?
In Pennsylvania, the first steps of the divorce process involve filing an official Complaint for Divorce with the county and serving the papers, along with a summons, to your spouse. You must ensure they are served in person or through the mail so they have a chance to review and respond to your claim. However, the process can become complicated if you cannot find your spouse in order to serve them with the papers.
How Can I Get a Divorce if I Can’t Find My Spouse in PA?
Serving your spouse with the divorce papers is a non-negotiable. They must be notified and given the opportunity to respond. So, how can you continue with the divorce if you can’t find your spouse?
The answer is a divorce by publication. But first, you must show the court that you made a significant effort to locate your spouse. This may include proof that you:
- Reached out to their relatives
- Reached out to their friends
- Contacted their last known employer
- Searched at their last known addresses
- Checked voter registration databases
- Checked all branches of the military
If, after all of these efforts and more, you came up empty, you can file a Motion to Serve by Publication or Posting.
What is a Divorce by Publication?
When you file a Motion to Serve by Publication or Posting, you are requesting that the court authorize you to notify your spouse about your intent to divorce through a local newspaper. After filing this motion, the court will examine the efforts you made to locate your spouse. If they determine that your efforts were valid yet fruitless, they will require you to publish notice of the divorce in a newspaper local to your spouse’s last known address.
You must publish the notice once per week for three consecutive weeks. If your spouse does not see the listing or respond within the timeframe, the court can grant you a divorce without their input or knowledge.
The process of getting a default judgment without your spouse can be complex, so it is important that you are adequately represented. Reach out to an experienced family law attorney for more information and skilled legal advice today.
