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What to do if you cannot find the spouse?

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frustwithit

Guest
What is the name of your state?What is the name of your state? Maryland

I am currently involved with someone who wants to divorce his wife, but cannot find her. They have been separated for about 12 years, and absolutely no contact in the last four. He has had their two children for the past four years, one of who is still a minor and the other is now an adult. The thing is, his x has(d) a serious substance problem, and the last he knew was that she was homeless. This leaves it very difficult to serve her with papers, or to even find out where she is. Can he proceed with filing for a divorce if he cannot even find her?
 


BlondeIntel

Registered User
There are other posts on this site that address this same question. Use the search function and type in "notify" and "spouse" for starters. If you don't find what you're looking for, come back and ask another question.
 

LdiJ

Senior Member
frustwithit said:
What is the name of your state?What is the name of your state? Maryland

I am currently involved with someone who wants to divorce his wife, but cannot find her. They have been separated for about 12 years, and absolutely no contact in the last four. He has had their two children for the past four years, one of who is still a minor and the other is now an adult. The thing is, his x has(d) a serious substance problem, and the last he knew was that she was homeless. This leaves it very difficult to serve her with papers, or to even find out where she is. Can he proceed with filing for a divorce if he cannot even find her?
Yes, its possible to serve her via publication. Its best that he use an attorney to handle the case.
 
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frustwithit

Guest
Isn't there a way that he would be able to file papers, and have it done via publication? Also, how long would something like this take - with a lawyer or without?
 

LdiJ

Senior Member
frustwithit said:
Isn't there a way that he would be able to file papers, and have it done via publication? Also, how long would something like this take - with a lawyer or without?
Sometimes its a little complicated to get permission to serve someone via publication. That is why its best to use an attorney. In addition, the attorney would be able to tell you how long the process will take in your county. The length of the process is often determined by how busy your local court happens to be.
 
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frustwithit

Guest
What type of divorce would he file for? Meaning, would he file a "no-fault," or some other type. I understand the need to talk to an attorney, but I would like to find out as much as possible.
 

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