How do you get a divorce when you don’t know where your spouse is?

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How do you get a divorce when you don’t know where your spouse is?

10 years ago I was in the army and stationed overseas. While I was there my wife left with our then 2 year old daughter. I have tried to find them contacted her family they claim to not know where she is. I have tried social media Facebook ect. with no luck. I want to get married to my girlfriend but I want it to be legal. How do I divorce her if I can’t find her?

Asked on February 25, 2016 under Family Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you want a divorce but don't know where your wife is, you can serve the divorce complaint to her by providing notice via "publication". This is a legal tool employed when the respondent (your wife) cannot be located by the petitioner (you). In order to obtain such a divorce, you'll need to perform a thorough and diligent search for your missing spouse. You'll need to look in the same general location in which she was last known to reside (you can search DMV records, voter registration records, the telephone book, etc.). If you fail to locate her, you can then apply to have the court issue an order of publication. Once the judge signs off on such an order, a legal notice will be sent to the newspaper(s) specified in the order. If your wife doesn't respond within the allowed time period (typically 30-60 days), you can file the divorce by "default". Then, in approximately 2 to 6 months you should receive your final judgment. That being said, state laws vary as to these pprocedures, so you should consult directly with a divorce lawyer in your area; they can further advise you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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