How can I obtain a divorce is I can't find my former spouse?

Answer 1

talk to an attorney. They know what to do.

Answer 2

In order to get a divorce the other spouse has to be notified. If this cannot be done through the usual means you have the burden of proving to the court that you have 'reasonably and with due diligence' tried to locate and inform the person of your intentions. Get a private detective and/or place ads in newspapers stating who you are looking for and why. Go to your local court and find out how much is needed to prove that you did all you could and should be granted a divorce. If you cannot find him you might also be able to claim abandonment as your reason for the divorce. Good luck.

Answer 3

Dont get a divorce get an annulment. It means legally the wedding NEVER HAPPENED. You can get a divorce if your spouse has abandoned you for 1 year or more for no reason. So go down to a court house or call a lawyer and ask about filing for an annulment.

Answer 4

Talk to an attorney. Divorce law is very complicated and differs alot from area to area. In Ohio where my future mother in law is getting divorced if you havn't seen him in 3 years you have to do a few things like advertise the divorce in the paper and if he doesn't show up it goes uncontested.

Whatever you do make sure the divorce is final before you try to get married or you are going to be a bigamist. Not only will the second marriage not be legal but you could end up in jail.

Answer 5

My sister is having the same problem. There is some type of abandonment thing but you have to prove you can't find him. I know she has been sending certified letters to possible addresses etc. and keeping all of that information as proof. Do some searches on google, superpages.com or pay for one of the us searches (linked below). Definately consult a lawyer first to see what steps you will have to take to move forward with your divorce. Good Luck!

Answer 6

Depending on what state/country you live in and were married in....almost all will allow you to file, and give 3 times for the other party to be served, and if all 3 times are unsuccessful and they cannot locate or they dont show up, YOU get the divorce and whatever youre asking for in it. By law in the USA, thats how they treat it now, up til recently if you couldnt find them to serve them you were left married, but they changed it not too long ago. Check with your legal aid department at your local courthouse, they can tell you free advice on what to do and how to get it done now.
Hope this helps :)

Answer 7

Here are a couple of sites you can check for advice.

http://www.divorcesource.com/

http://www.divorcenet.com/

and I found this tidbit (posted on a messageboard @ one of the above sites) about divorcing a missing husband:



"...if he can't be served with the paperwork, then you'll likely have to publish it in the local newspaper. If no response from that, the divorce will still be granted, it just takes time and money."

Answer 8

My brother could not find his now ex-wife. He ran an advertisement in the paper for a couple of months and after there was not a response his divorce was granted. This was in the state of Kansas.

Answer 9

Well you would have to file for abandonment and there is probably a time amount he would have to be gone. If you could prove he left the country that might go a long way to helping, but you would have to check local laws

Answer 10

Talk to an attorney, but I think if you file the paper work and have a copy of it sent to his last known address and he doesn't respond, the judge can go ahead and get the ball rolling. You just have to prove that he is unreachable.

Answer 11

This question may be more suited to the "Marriage and Divorce" answer board. They might be about to help you further.

But I agree, contact a lawyer.