Divorce When Your Spouse is Absent

The divorce process is challenging enough when you are living with your spouse. But what happens when your spouse lives in another city, state or country? How do you file for divorce in this situation?

The good news is that you may still file for a divorce even if you are the only one participating in the process. However, there are two key rules you will need to follow:

  • Residency: You must file your divorce action in the county in which you live and you must have lived in Minnesota for at least 180 days before filing for divorce.
  • Notice: Even if your spouse lives halfway across the world, you must still provide that person with notice of your divorce action. The best method of notification is personal service, where a local law enforcement officer or other authorized individual delivers divorce papers. However, there are other options if you are unsure of your spouse’s location. Keep in mind that if you fail to provide your former partner with notice of the divorce, the divorce is invalid.

If you follow these rules, the divorce will move ahead as normal, even if your spouse is not be present during the proceedings.

For more information on filing for divorce when your spouse is absent, speak with a trusted Minneapolis attorney at the law firm of Appelhof, Pfeifer & Hart, P.A.

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