obtain divorce spouse whereabouts unknown for 7 years

UPDATED: Sep 30, 2022

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obtain divorce spouse whereabouts unknown for 7 years

Wife moved out, went to Washington,moved and don’t know where. No contact

Asked on January 15, 2017 under Family Law, Hawaii


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

Answered 5 years ago | Contributor

Any time there is a legal action, any person named in it needs to be given proper notice. In a case such as this, it means that you will have to serve your wife to give her the opportunity to answer the complaint (that's something that you will file). When a spouse cannot be found, after all reasonable and diligent attempts to do so, they may be served 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 wife's last known whereabouts (the court will instruct you in what newspapers to do this). After that, if she fails to respond, you can proceed with the case and a "divorce by default" can be granted at the court's discretion on the terms that you requested. At this point, you should speak directly to a divorce attorney in your area who can advise you further.

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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