Home Forums Divorce What if I can’t locate my spouse?

2 replies, 3 voices Last updated by KISHAN RETIRED JUDGE 4 months, 2 weeks ago
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  • #4385

    shamita pandey
    Participant
    @pandey99

    What if I can’t locate my spouse?

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    #4392

    Adv Shraddha asare
    Participant
    @shraddha-asare

    If you don’t know the whereabouts of your spouse, you may still get a divorce. You will need to take certain steps to attempt to locate your spouse, and to notify him or her that you have filed for divorce. Typically, attempting to locate your spouse will involve things like checking the telephone listing where you live and where your spouse is last known to have lived, asking friends and relatives if they know where your spouse might be, checking with the post office where he or she last lived to see if there is a forwarding address, checking property records to see if he or she owns property, checking with state records for driver’s license or vehicle registrations, and checking with the last known employer or landlord. If you still can’t locate your spouse, there is a procedure called service by publication, in which you obtain the court’s permission to publish a notice of the divorce in a newspaper. Once this is done, you may proceed with the divorce case. You will be able to get divorced and be awarded custody of any children; however, you may not be able to get full resolution of property division, alimony or child support until your spouse is personally served with court papers.

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    #39865

    KISHAN RETIRED JUDGE
    Participant
    @KishanRetiredJudge

    Dear Sir/Madam,
    Normally, family cases will be filed at the place where both the couple last resided. Further notices from the Court will be tried to be served on the address furnished by the petitioner/spouse. If not found then a paper publication under Order 5 Rule 20 of Civil Procedure Code can be issued and thus other spouse can be placed ex-parte and Court can pronounce ex-parte judgment on merits.

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