How do you get a divorce from someone when you don't know where they are?

Question

My cousin is trying to get a divorce but it's been years since she has seen her ex...and has no idea where he is now...does anyone know how she would go about it?

Answer 1

She might be able to divorce due to abandonment.

Answer 2

Have your cousin file for an uncontested divorce. Your cousin doesn't even need an attorney, just pay a paralegal to fill out all of the paperwork. Cost will be under $500, and the paralegal will tell your cousin when the court date is. The judge can grant the divorce without your cousin's spouse being there. That is how I got my divorce. Good Luck.

Answer 3

It's actually very EASY to get a divorce from someone when you don't know where they are ... even one of the 'file it yourself' divorces. When you don't want the person to 'know' about the divorce until it's final, you 'publish' in a newspaper (an ad) the 'legal papers' since you don't want to 'serve' them to that person ... or don't know where they are. You do the same when the divorce is final ... and it's totally LEGAL and your cousin will be 'divorced' in the same amount of time as if she knew where her 'ex' was and did it the 'regular' way.

Answer 4

She doesn't need to know where he is...file for divorce, have the sheriff's department try to serve the papers...they give it x amount of time to try to serve. At the end of that time a divorce will be granted. The husband does NOT have to be around to get a divorce...in fact, it is called abandonment, and she can sue on those grounds. In any event, most states have 'no fault' laws..she doesn't need an excuse. Divorces are automatic. Good luck

Answer 5

Put an add in the local news paper seeking missing husband for divorce. Take the add to your divorce lawyer six weeks after its published if there is no response from your ex and you can legally get your divorce. Good luck

Answer 6

Go to an attorney and explain the situation. She will have to publish her intention to divorce the guy for a certain number of days in the paper at his last know address. Also they will do a records search to find him. She will probably need his social security number. If they don't turn up anything, then they will go ahead and grant the divorce. If they do they will send the divorce papers to him certified mail for him to sign.

Answer 7

Well, lets see I'm in the same situation. You could tell her to see a lawyer and they can go for the divorce with the last known address for him and in the state of Ms. they would get him for abandonment. It will cost her $750 give or take.

Answer 8

Court has a standard procedure under which they require publication in papers and standard contact attempts. After a while the divorce passes thru the court. Varies from state to state as to the actual procedures; but pretty common.

Answer 9

My Mom had no idea where my Dad was when she divorced him and back then you had to run an add in the newspaper of the place they were last known to be. I don't know if they still do it like that or not. Her attorney should know what to do.

Answer 10

It's called Service By Publication.
She files her Petition For Divorce.
She "serves" her ex by publishing Notice of the divorce in newspaper (this will vary from state to state - check your local or state rules).
After the appropriate period of time, she brings Proof Of Publication (provided by the newspaper) to a scheduled final hearing date, shows THAT to the Judge, and then presents HER case on what she should get from the divorce.

Answer 11

There are dessertion laws, where a spouse can not be located, that allows the other to get a divorce.

I'm not sure of the timelines though, and it varies state to state. I've heard 1 year all the way up to 7 years.

I would look into state laws if I were your friend.