One of the first things you must do after deciding to file for divorce is serve your spouse with the official papers to inform them of your intention to dissolve the marriage. However, issues may arise if you cannot find them. Whether you were abandoned or have been separated for so long that you lost track of one another, it is important to understand how you can get a divorce if you can’t locate your spouse. Continue reading for more information and secure skilled representation from a Middlesex County divorce attorney.
Can I Get a Divorce if I Can’t Locate My Spouse in MA?
In Massachusetts, like most states, when you initiate legal proceedings against a person, you are required to notify them of the action. The same applies to a divorce. As the plaintiff, you must inform the defendant of your filing for divorce by presenting them with the official complaint and petition. The defendant must generally be served in person or through the mail.
But what if you can’t find the defendant? How will you inform them of your intention to dissolve the marriage? If you can’t find your spouse, you should contact friends and family, check out last known addresses and employers, search social media, check voter registration and DMV records, and use all resources available to find them. If you still have no luck, you can request a divorce by publication.
If the defendant truly cannot be located, the court may allow you to serve notice through publication. Divorce by publication may be a more complex process and can take longer than a standard divorce, but it allows you to proceed without locating your spouse.
What is a Divorce by Publication?
A divorce by publication is a legal process used when the plaintiff cannot locate their spouse to serve them with divorce papers. The filing spouse must make a concentrated effort to find their spouse before a court will approve notice by publication.
If approved, you will be required to publish notice of your intention to dissolve the marriage in a newspaper close to the defendant’s last known address. The court will send an Order for Service by Publication that requires the defendant to respond to the publication by a certain date and outlines the amount of time the notice must be published to give your spouse a fair chance at seeing it and responding.
If your spouse sees the newspaper, they can file an official response and participate in the divorce process. However, if your spouse does not respond in time, the court will schedule a hearing and make a ruling on the divorce without their presence. This is known as a default judgment.
If you have questions or concerns about the divorce process when your spouse is not present, reach out to an experienced family lawyer today.
