What to do if you can’t find your wife and your trying to finalize a divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if you can’t find your wife and your trying to finalize a divorce?
My wife and I file for a uncontested divorce 3 months ago. I’m just waiting for the final divorce hearing but the clerk says that thejudge assigned to my case prefers to have both spouses present. The only problem with that is my wife can’t be found to attend the hearing even though all of the divorce papers have been filed and signed. I’m just waiting on a judge’s signature to grant the divorce on the final decree. What can I do next to get this divorce final without having my wife present?
Asked on February 1, 2011 under Family Law, Mississippi
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Just your luck to draw this Judge but in the end it is best to make sure that everything is on the up and up in a divorce case (not that I am saying that you did anything under handed here). What you may have to do is to provide a due diligence affidavit to the court to show that you have attempted to locate your soon to be ex wife for the proceeding and that you can not locate her. You need to make sure that the court is aware that she signed the paperwork and was in agreement for the divorce but that you lost touch with her since then. I would speak with an attorney in your area on the matter as soon as you can. Good luck to 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.