Unfortunately, a spouse abandoning their family is not all too uncommon. Whether they ran away to be with a secret partner or were simply unprepared for the responsibilities associated with parenthood and marriage, this can be devastating. However, as a spouse left behind, you may worry that your inability to locate your partner means you’ll be unable to obtain a divorce. If your spouse is missing, the following blog explores what you should know about getting a divorce and the importance of working with Nassau County divorce lawyers to help you explore your legal options during these difficult times.
Can I Pursue a Divorce if I Can’t Locate My Spouse?
If you are unable to locate your spouse, you may be concerned about your ability to obtain a divorce. In general, you’ll need to show the court that you’ve exhausted all reasonable options to locate them. For example, you may have contacted their friends and family to no avail. Additionally, you may have enlisted the assistance of a private investigator who cannot locate your spouse.
If you can show the court you tried, they can grant you the option of alternative service. This allows you to publish your intent to divorce in a newspaper near your spouse’s last known location. The listing must run for three consecutive weeks. If your spouse still does not resurface, you must provide the court with proof that you attempted this method to no avail.
Will the Court Grant a Divorce if My Spouse Is Still Missing?
In the event you are still unable to locate your spouse after exhausting all efforts, you can reapproach the court with evidence of your attempts to locate your spouse. Once they review the evidence you’ve gathered and deem it acceptable, they will begin the default judgment process. Essentially, this means the court can hear and decide on a case even if the other party is not present because they cannot be located or refuse to respond to requests.
During a default judgment case, the judge will examine the evidence you’ve presented and determine an outcome for the case, including matters like alimony, child support, and property division. In many instances, they can grant you the relief you’ve sought in the initial divorce petition. However, they can make orders based on the evidence you’ve presented and their understanding of the law.
As you can see, navigating a divorce in which you cannot locate your spouse can be incredibly difficult. That is why it’s in your best interest to connect with an experienced attorney with the Sklavos Law Firm. Our team can help you navigate this already complicated process to help you right for the best possible outcome. When you need assistance, do not hesitate to discuss your circumstances with a member of our legal team.