i have a friend of mine whos trying to file for divorce from her husband. the problem is she cant find him. she already made several attempts to get him served with the sheriff, which has cost her money. those attempts have failed. she send notices to his 3 last known addresses and last place of employment. i was wondering how she could proceed with the divorce since she cant find him? anyone have any ideas?Divorce advice for a friend?
If she has a good attorney she wouldn't need to do all this herself. If a spouse can't be located the notice can be published in the local papers for a matter of time. If he does not respond the proceeding continue as if he was there. Tell your friend to spend that money on an attorney.Divorce advice for a friend?
She's going about it the right way, she's done all she can to find him and serve him papers so now she can file a missing spouse divorce. This involves placing a notice of publication in your local newspaper. The spouse will then be given a certain amount of time to respond, if he doesn't then the divorce will be granted be default. She'll need to wait any required waiting periods if ordered by your state but after that, she will be legally divorced.
I live in Indiana and here we can run an ad in the local paper about the divorce. If he doesn't respond the judge will grant the divorce....is his name Earl?
Tell her to do a check on his social security number. It'll reveal if he's working and where.
How to Divorce Someone You Can鈥檛 Locate
From LoveToKnow DivorceHow to divorce someone you can鈥檛 locate is something that many people wonder about. They understand the idea that divorce papers need to be served on the other spouse and don鈥檛 know what to do in a situation where they don鈥檛 have a current address for the person they wish to divorce.
A newspaper can sometimes be used to serve divorce papers.[edit]How to Divorce Someone You Can鈥檛 Locate: Service by Publication
In a situation where, in spite of your best efforts, you have been unable to locate your spouse, you can still get a divorce. You will need to serve the petition for divorce and the summons by placing a notice to your spouse in the local newspaper. This method of service is known as service by publication.
Attempting to Locate Your Spouse
To serve your spouse in this manner, you will need to get a court order allowing you to do so. Before a judge will grant the order, you will need to demonstrate to the court that you have undertaken a thorough, yet unsuccessful, search to locate your spouse.
Depending on where you live, your search for your spouse may include the following strategies:
Searching phone directories in locations where your spouse may be living
Contacting your spouse鈥檚 relatives to gather information
Making a request under the Freedom of Information Act to the US Postmaster for your spouse鈥檚 forwarding address
Contacting trade unions or professional associations your spouse may belong to
Writing a letter to the US Military asking for information about your spouse鈥檚 whereabouts
Searching Department of Motor Vehicle records
Canvassing your spouse鈥檚 former neighborhood to ask if anyone knows where he or she is currently living
Asking the local and state police and/or the Department of Corrections for help
Your lawyer may suggest that you hire a private investigator to help in your search for your spouse. If you are being represented by a large law firm, there may be an investigator on staff who can provide assistance.
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