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The decision to divorce usually comes after making many personal efforts to resolve the marital conflict. In working through the disputes and during periods of separation, frustration, and dissent, you might lose contact with your spouse. Nonetheless, a lack of knowledge about your spouse's current address complicates the divorce process.
In such cases, you may not have an address where you can drop off the legal papers. Fortunately, the family law has provisions to help you tackle such a situation. Consider following these guidelines to serve your spouse when you do not know where they live:
Start by Following the Standard Process
You should follow the standard procedure before pursuing anything else in the divorce process. This involves getting a lawyer and drawing papers to initiate the court proceedings. Your spouse should receive legal documents that inform them that you have instituted the legal proceedings. When your spouse gets these papers, the court expects them to respond and confirm that they have received them. They also get the chance to make any amendments they desire.
Some of the issues addressed in the petition include child custody, property division, and spousal support. The process goes more seamlessly when you know where your spouse lives and can serve them with the papers, and it becomes complicated when you cannot reach them.
More Focused and Diligent Efforts
Examples of efforts made to reach your spouse include:
Delivering the papers to them in person.
Using certified mail services.
Getting someone approved by the court to serve them.
However, if you try to make all these efforts and fail, the court might recommend alternatives like running a notice in a newspaper in the area where your spouse lives. If the person still does not respond, the law has provisions to help you proceed with the divorce process by default, without requiring your spouse to respond or appear.
Getting Affidavits and Other Documentation
Your spouse might resurface months later and claim they didn't receive information about the impending divorce. In this case, you will need documentation to prove that you tried all means possible to communicate your intentions. To buttress the documents you kept to prove that you filed with the court, sent certified mail, etc., you'd need an Affidavit of Marshal Service to demonstrate that you placed a notice in a newspaper or other publication. Your jurisdiction may also require an Affidavit of Military Service to show that your spouse isn't in military service, which would allow them different provisions.
Speak to a family lawyer for expert guidance and opinion on these matters. They will help you avoid mistakes that could complicate your separation process and challenge its legality.
Share28 June 2022
