There may be several reasons why someone cannot locate their spouse, whether it be because they have a warrant out for their arrest or simply do not want the responsibilities of marriage and parenthood. Regardless, these matters can be incredibly upsetting and may influence your decision to file for divorce. However, you may be unsure if you can proceed in this legal matter if your spouse is missing. If this reflects your circumstances, you’ll want to continue reading to learn the importance of working with a Long Island divorce lawyer to explore your legal options during these difficult times.
What Should I Do if I Want a Divorce but Cannot Locate My Spouse?
If you want to file for divorce, you may be unable to if you are unsure where your spouse is located. This is because you will be unable to serve them the papers informing them of your decision and the relief sought as an outcome of this process. However, this doesn’t mean you are stuck to remain married to your spouse until they resurface or you can locate them. The courts understand that this is unfair, and as such, have guidelines in place to help those who want a divorce but cannot find their spouse.
Generally, the first thing you must do is take steps to attempt to locate your spouse. This includes getting in contact with the friends and family of your loved one to see if you can get information about their whereabouts. If they are unable or unwilling to assist, you may want to consider hiring a private investigator to search for their location. Regardless, it’s imperative to document all search efforts, as this can help show the court you took the necessary steps to find your spouse.
If you are still unable to locate your spouse despite making great efforts, you can request an alternative service. This includes publishing a notice of the divorce and continuing the notice once a week for three weeks in a row. Be sure to save proof of these publications for the court.
Can The Divorce Proceed if My Spouse Is Still Missing?
If you can show the court that you have exhausted all avenues in an attempt to locate your spouse, but you are still unable to, they will likely proceed with a default judgment. Essentially, this entails the court granting the divorce, making decisions regarding child support, spousal maintenance, and property division based on the information you’ve provided. In many instances, they may grant you the relief you’ve requested in the initial divorce petition.
Trying to navigate a divorce while your spouse is unable to be located can be incredibly difficult. That is why it’s in your best interest to connect with an experienced attorney at Barrows Levy PLLC. Our team understands how difficult this process can be, especially when you must take the extra steps to find your spouse. That is why we are committed to helping you through these difficult times. Connect with a member of our dedicated team to learn how we can assist you.
