What if I can't locate my spouse to serve divorce papers?
Please note that these answers are not legal advice. If you’re in need of legal advice or a lawyer please visit our Expert Guide
If you can’t locate your spouse to serve divorce papers, you still have options. Here’s the step-by-step process to handle this situation:
Make a Good Faith Effort to Locate Them
Before the court allows alternative methods, you must show you’ve tried to find them:
Check Last Known Addresses: Visit or send mail to their last known home and work address.
Contact Family and Friends: Ask people who may know their whereabouts.
Social Media Search: Look for active accounts that may provide clues.
Utility Bills and Subscriptions: If you have access, check for updated addresses.
Hire a Private Investigator (Optional): This is sometimes required by the court if all else fails.
File a Motion for Alternative Service
If you still can’t locate your spouse, you can request Alternative Service from the court:
File a Motion for Alternative Service explaining your attempts to find them.
Provide any documentation of your efforts (emails, letters, investigator reports, etc.).
The judge will review your case and decide if alternative service is allowed.
Service by Publication
If approved, you may be allowed to serve your spouse by publication:
This means placing a legal notice in a newspaper of general circulation where your spouse was last known to live.
The ad usually runs for several weeks (typically 3–4 weeks, depending on state laws).
You may also be required to post it in online legal forums or community boards.
File Proof of Publication with the Court
After the publication period ends, the newspaper provides an affidavit of publication.
This document is submitted to the court as proof of service.
At this point, your service obligation is complete, even if your spouse never responds.
Proceed with the Divorce Process
If your spouse still doesn’t respond after the publication period, you can request a default judgment.
The court may grant your divorce and approve your requests based on the petition you filed.
Example Scenario:
You filed for divorce but can’t find your spouse. You try contacting family, searching online, and visiting old addresses with no success. You then file a Motion for Alternative Service and the judge allows you to publish a notice in the local paper for three weeks. If there’s still no response, you can proceed with a default divorce.
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