If my wife walked out about 10 months ago and I don’t know where she is living, can I still get divorced?

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If my wife walked out about 10 months ago and I don’t know where she is living, can I still get divorced?

Asked on January 4, 2016 under Family Law, Arizona

Answers:

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

Answered 8 years ago | Contributor

In a legal action, all parties must be given notice of the proceedings. In a case such as yours, you can "serve" a divorce complaint by what is know as "notice by publication".  This is used when a respondent-spouse cannot be located by the petitioner-spouse (as oppossed to the usual personal service).
In most jurisdictions, in order to obtain a divorce by publication, you will need to perform a search for your absent spouse in the same general location in which she was last known to reside. If your search fails to locate her, you can then ask to the court to issue an order of publication.  If the order is granted, a legal notice is sent to the newspaper named in the order for publication (the judge will make this decision). The notice must be published typically within 30-60 days after being issued and must be published once a week for the next several consecutive weeks.
If there is no response from your wife within the allowed time period, you can obtain what is known as a divorce "by default". In most states it takes 3-6 months before your divorce is final.
For further information, you should consult directly with an attorney in your area. They can best advise as to specific state law.


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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