Can I file for a divorce not knowing where my estranged is located?

I have lost contact with my husband over the past 2 years. I want to file a divorce and move on. Can the courts grant a divorce without the other spouse being present or contacted?

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    5 Responses to “Can I file for a divorce not knowing where my estranged is located?”

    1. hazzeleyes0 Says:

      YES you can.
      Most states will have you to mail the papers (after filing) to their last known address or to a family member of theirs.
      If you don’t know that either they will publish a notice in newspapers.
      Your Divorce will be granted on a set Court date from there, whether he shows or not.

    2. jamie Says:

      If you have no way of contacting them you can still get a divorce. Now all states vary in the specifics. Most require a certain length of time for "separation". You can still start the process. They will try to find him through his last known address. Then they will require you to post the request for divorce in the paper. The time that you must run the add may vary depending on your state. If he doesn’t contact the court the divorce will be granted by default.

    3. Clarence W Says:

      If you file for divorce in the right jurisdiction, and the spouse does not answer the summons and due diligence has been made to find him, it should work.

      Check with a lawyer. It might take longer, but it should work out.

    4. Sprite Says:

      Yep. Most definitely. You may just have to file, then post something in three newspapers and wait a period of time (which you may already have done) and that’s it.
      Check with your local court house. They can tell you.

    5. div2wice Says:

      Yes, they can. Its quite common actually…You would file the papers, then place a Notice of Publication in the newspaper. Contact your local court house to see which papers they’ll accept. This notice has to run for 30 days, be sure to get a receipt or confirmation of this notice. Return it to the courthouse with your papers and this will be considered as serving your spouse. If he doesn’t reply in the 30 days it will be declared a default divorce.