What to do if you can’t find your wife and your trying to finalize a divorce?

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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 10 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.


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