It is fairly common people to lose track of a spouse after separation. This, however, adds some complications to an ensuing divorce. Fortunately, divorce is still possible even if the other spouse is difficult to locate.
The following a brief overview of some of the steps you will need to take:
- Order of notice by publication: If the standard process for serving divorce papers either fails due to a lack of response or is not possible due to an inability to locate the spouse, the first step you can take is an Order of Notice by Publication. The notice runs in a newspaper or publication in the area the spouse was last deemed to be living, and the advertisement remains for up to three weeks to give the other spouse an opportunity to get in touch.
- Affidavit of Service: If the other spouse still cannot be contacted, an affidavit of service proves the newspaper notice took place.
- No response to publication: If there is no response to the Order of Notice, you can proceed by finalizing the divorce by default judgment. Your attorney represents you and explains your needs and wants for issues such as asset division, child custody and spousal support. Judges make their decision without the other spouse present when this process occurs by default.
- Private investigators: In some cases, private investigators may be considered to track down the spouse and ensure they’re available to meet their responsibilities regarding spousal support, child support and asset division.
To learn more about how to best proceed with a divorce, speak with an experienced Minnesota divorce attorney at Appelhof, Pfeifer & Hart, P.A.