When you begin the process of filing for a divorce, you usually know where your spouse lives, especially if you have children with your spouse or you have financial agreements in place. However, there are instances where you are unable to locate your spouse so that the divorce documents can be served. There are a few options that you have available so that the divorce can be carried through without any delays.

There are usually two types of a divorce to consider. One is a no-fault divorce while the other one is an at-fault. Keep in mind that the documents, requirements, and the overall process can vary from one state to another, but for the most part, the basic concepts are the same for each one in almost every state. If you’re unable to locate your spouse, then you might be able to file a divorce by publication where the name of your spouse is published in a local newspaper for a certain length of time to allow your spouse to know that you plan on filing for divorce. One of the regulations that you need to keep in mind pertaining to a divorce no matter where you live is that you have to remain separated from your spouse for at least a year before the divorce can be granted. If you’re unable to locate your spouse, then this will usually be in your favor when showing that you’ve been separated for one year. When you perform a divorce by publication, then you would need to show that you have been unable to locate your spouse after all efforts have failed.

After speaking with your attorney, the divorce documents will be served to your spouse’s last known address. If the address is known, then the documents can be taken by a sheriff’s deputy, mailed, or delivered by a courier. In most situations, the documents will be delivered to the last address that is on file or the last one that you know as a starting point. There will usually be a few attempts made to serve the documents at this address. If the documents can’t be served at this address, then your attorney can petition for an Order of Notice by Publication that would result in your spouse’s name being printed in a local newspaper. The name will usually appear in a newspaper in the same area where your spouse last lived so that there is a better chance of your spouse seeing the name. Your spouse usually has about three weeks to make some kind of response to the ad that was placed.

If your spouse doesn’t respond within a reasonable amount of time as dictated by the state, then you can work with your attorney to complete the divorce. This will be done by default as your spouse has made no objection to the proceedings. In the event that your spouse is not located, then a judge will usually grant your divorce without hesitation and as long as there the judge understands that your spouse had ample time and notification of the proceedings. If you are unsure of where your spouse is located, then placing a notice in a newspaper is usually the best option for everyone involved. Your divorce proceedings may sometimes work in your favor if you are unable to locate your spouse whereas you might have to fight for your belongings and finances if your spouse decides to object to the divorce.

There are some states that require you to file an Affidavit of Military Service in the event that your spouse could have enlisted in the military. This would mean that your spouse could have a longer time to respond to the notification since it would be difficult to communicate while in the military.

When your divorce is finalized, there are orders that the judge can enter without the presence of your spouse. One is child custody and visitation. The judge will take into consideration who the child has lived with and who the child wants to live with instead of who responds to notifications. The judge will also look at the best interests of the child regarding visitation, custody, and support. Property division and division of assets can also be determined during a divorce proceeding even if your spouse isn’t present. The best option that you have would be to contact an attorney who specializes in divorce proceedings and locating spouses.

When you begin the process of filing for a divorce, you usually know where your spouse lives, especially if you have children with your spouse or you have financial agreements in place. However, there are instances where you are unable to locate your spouse so that the divorce documents can be served. There are a few options that you have available so that the divorce can be carried through without any delays.

There are usually two types of a divorce to consider. One is a no-fault divorce while the other one is an at-fault. Keep in mind that the documents, requirements, and the overall process can vary from one state to another, but for the most part, the basic concepts are the same for each one in almost every state. If you’re unable to locate your spouse, then you might be able to file a divorce by publication where the name of your spouse is published in a local newspaper for a certain length of time to allow your spouse to know that you plan on filing for divorce. One of the regulations that you need to keep in mind pertaining to a divorce no matter where you live is that you have to remain separated from your spouse for at least a year before the divorce can be granted. If you’re unable to locate your spouse, then this will usually be in your favor when showing that you’ve been separated for one year. When you perform a divorce by publication, then you would need to show that you have been unable to locate your spouse after all efforts have failed.

After speaking with your attorney, the divorce documents will be served to your spouse’s last known address. If the address is known, then the documents can be taken by a sheriff’s deputy, mailed, or delivered by a courier. In most situations, the documents will be delivered to the last address that is on file or the last one that you know as a starting point. There will usually be a few attempts made to serve the documents at this address. If the documents can’t be served at this address, then your attorney can petition for an Order of Notice by Publication that would result in your spouse’s name being printed in a local newspaper. The name will usually appear in a newspaper in the same area where your spouse last lived so that there is a better chance of your spouse seeing the name. Your spouse usually has about three weeks to make some kind of response to the ad that was placed.

If your spouse doesn’t respond within a reasonable amount of time as dictated by the state, then you can work with your attorney to complete the divorce. This will be done by default as your spouse has made no objection to the proceedings. In the event that your spouse is not located, then a judge will usually grant your divorce without hesitation and as long as there the judge understands that your spouse had ample time and notification of the proceedings. If you are unsure of where your spouse is located, then placing a notice in a newspaper is usually the best option for everyone involved. Your divorce proceedings may sometimes work in your favor if you are unable to locate your spouse whereas you might have to fight for your belongings and finances if your spouse decides to object to the divorce.

There are some states that require you to file an Affidavit of Military Service in the event that your spouse could have enlisted in the military. This would mean that your spouse could have a longer time to respond to the notification since it would be difficult to communicate while in the military.

When your divorce is finalized, there are orders that the judge can enter without the presence of your spouse. One is child custody and visitation. The judge will take into consideration who the child has lived with and who the child wants to live with instead of who responds to notifications. The judge will also look at the best interests of the child regarding visitation, custody, and support. Property division and division of assets can also be determined during a divorce proceeding even if your spouse isn’t present. The best option that you have would be to contact an attorney who specializes in divorce proceedings and locating spouses.

Last Updated on: 22nd June 2025, 04:53 pm

In most divorces, both spouses are on board with ending the marriage. In fact, there is usually mutual agreement that the marriage should end as quickly and as amicably as possible. However, there are some situations in which starting the divorce process isn’t an easy matter because a spouse has gone missing, making it impossible to serve them with divorce papers.

Fortunately, the law recognizes that this can be a problem and has established processes for helping people to get a divorce from a spouse who cannot be located. If you cannot locate your spouse, getting a divorce may be more time-consuming, but it can eventually go forward.

Process Serving

When you file a divorce case with the courts, you are required to notify your spouse by giving or “serving” them with the divorce petition. This is so your spouse can respond to the petition and hire a lawyer to represent his or her interests in the divorce. The documents included with the petition explain what your spouse should do to respond to the case.

If both you and your spouse want the divorce, it is possible to simply mail or give the divorce papers to him or her. If your spouse is contesting the divorce, however, or you don’t know where your spouse is living or working, you will need to go through the process of having papers legally served. You cannot serve the papers yourself; somebody else has to do it for you. In New York, anyone over the age of 18 can serve papers, but many people choose to hire a professional process server to do this.

Missing Spouse

If you don’t know where your spouse can be found so that he or she can be served, you will have to develop a strategy that shows that you made a good-faith effort to find him or her. A lawyer can be very helpful in this process, as he or she likely has experience in this area and can put you in touch with private investigators and process servers who have experience in tracking down people who don’t want to be found.

Recording Your Search

If you are forced to go to court to ask for a divorce without being able to serve your ex with papers, the judge will want to know what you’ve done to find your spouse. Things that you can do to find your spouse include contacting friends and family members, calling his or her last place of employment, checking social media and doing Internet searches to see if he or she has resurfaced with a new address or phone number. Obviously, if you are concerned about domestic violence, it is important to talk with your attorney to develop safe ways of searching without putting you or your children in danger.

From the time that you begin your search, keep a written record of everything that you’ve done to locate your ex. This includes writing down the dates and times of attempted contact, maintaining copies of any emails related to your search and printing out phone logs showing that you actually made these calls. If you have hired a private investigator or process server, keep your bills and reports from these individuals handy.

Service by Publication

If your efforts to locate your spouse and serve them with papers are unsuccessful, you and your attorney can go to court and ask a judge for permission to serve your spouse with papers via publication. This means that you will publish a notice in a newspaper letting your spouse know that you are filing for divorce. From the date of that publication, your spouse will have a certain amount of time to respond. If he or she does not, you’ll be able to move forward with your divorce case.

Final Word

Divorce is a stressful experience and a spouse who is gone missing, or who is deliberately dodging efforts at being served with papers, makes it even more so. Getting good legal advice from an experienced divorce attorney can be very helpful in speeding up the process of locating your spouse, getting a divorce settlement and moving on.