How to get a divorce when husband’s whereabouts are unknown?
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How to get a divorce when husband’s whereabouts are unknown?
The last time I heard from my husband was about 4 years ago. He told me he was going to a homeless shelter at that time. Since then, I have tried his cell phone disconnected and the internet nothing on social media to find him so I can get his signature for a divorce. What can I do to get a divorce from someone that I cannot find?
Asked on January 4, 2017 under Family Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
As with any legal action, any person named in it needs to be given notice. So in this case that means that you will have to serve your husband in order to give him an opportunity to answer the complaint that you will file. In a situation wherein a spouse cannot be found, after all reasonable attempts to do so, you may be able serve them notice via "publication". What this means is that you can ask the court to allow you put a notice in a newspaper in the area of your husband's last known location (the court will instruct you in what newspapers to do this). After that, if he fails to respond, you can then proceed with the case and a "divorce by default" can be granted. At this point, you should speak directly to a local divorce attorney who can advise you further.
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