Question 1

How long does it take to divorce a missing spouse?

Accepted Answer

Often longer than a regular uncontested divorce, because of the search and publication time. It varies by state.

Question 2

What if my spouse is in another country?

Accepted Answer

International service has extra rules. Ask the court self-help center or a lawyer.

Question 3

Can I get divorced if I can’t find my spouse?

Accepted Answer

Usually yes. You must make a diligent search, then ask the court to approve another way to give notice, like publication.

Question 4

What is service by publication?

Accepted Answer

Publishing a notice of the divorce in a newspaper approved by the court for a set time, when the spouse can’t be found.

Question 5

What counts as a diligent search?

Accepted Answer

Real, documented efforts: last address, phone, family, friends, employers, social media and public records.

Question 6

What is a default divorce?

Accepted Answer

A divorce granted when the other spouse doesn’t respond after being properly notified.

Question 7

Can the court divide property if my spouse can’t be found?

Accepted Answer

It can often divide property in your state, but may be limited for support orders or property elsewhere without personal service.

Question 8

Do I need a lawyer to divorce a missing spouse?

Accepted Answer

Not always. Court self-help centers and legal aid often help with the forms.

Common questions: Divorcing a missing spouse