Missing Spouse divorce is the process used to file for divorce when you do not know where your husband or wife lives.
Also known as a Divorce by Publication, a missing spouse has 4 steps:
1 – Divorce Forms
The first step is to prepare the correct divorce forms. There are 3 types of divorce forms:
1 – Simple – No minor children no assets or liabilities
2 – With Property – No minor children, with joint property or joint bills
3 – With minor children – With minor children, with or without property or joint bills.
2 – Search for Missing Spouse
Second step is to search for your spouse. When you file for a missing spouse divorce you need to prove to the court that you cannot find your husband/wife.
If you hire our company to help you with your divorce we will do the search for you. We highly recommend that you go through these websites to see if you can find an address for your spouse prior to hiring us to do a divorce by publication since the proof needs to be filed with the court upon filing the divorce papers at the courthouse.
3 – Notice of Action
This is the publication part. Once the case is filed at the courthouse then either the court or yourself needs to have a “Notice of Action” ran in a local newspaper.
4 – Default
The notice of action will expire in around 30 days after it starts running in the local newspaper. Once it expires, if the other party does not file a response with the court the default paperwork is filed and depending on the courthouse either a hearing is requested or the final judgement is sent to the court for the judge’s signature.
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