You want a divorce, but you aren’t sure where your spouse is. This is not an uncommon problem between married couples who want a divorce. Maybe the two of you separated and now you want a divorce but you can’t find the other person. How do you get a divorce? Is it still possible? The answer is yes, it is still possible, but you have to go through a specific process, including a diligent effort to find the other person.
What Is a Diligent Effort?
In most divorce cases, you would contact your lawyer and draw up the petition. Your spouse would receive said petition about the divorce case. Normally, the petition will go to the last address of the other spouse. If he or she does not receive it or respond, then you have to make an effort to contact him or her.
A diligent effort includes all possible efforts to locate the other person. If you still cannot locate him or her, then you can ask the court to send an Order of Notice by Publication. The Order of Notice by Publication is a notice in the local newspaper. This would be considered a legal advertisement. It remains up for about three weeks so that the other spouse has the opportunity to view it. It’s important to note that military service members often have more time to respond.
What Happens When There Isn’t a Response?
If the spouse still doesn’t respond to it, then you can still continue with the divorce. Once all diligent efforts are taken, the judge will continue with the proceedings. The case will go on as normal, simply without your spouse. If your former spouse does not show up, then the judge will make all of the decisions based on the facts of the case. In these situations, the divorce normally goes in favor of the spouse that showed up to court. Once finished, then you are legally divorced.
You can still follow through with a divorce, even if you aren’t sure where your spouse is. If you cannot find your spouse or if he or she never responds to your efforts, then you can still go through with the divorce. A professional can help you to either locate your spouse or to help come up with other options. To find out about your options, contact a family lawyer, like divorce lawyers in Arlington, TX from Brandy Austin Law Firm, PLLC, as soon as possible for a consultation.