Legal Publication

[Amontanagal]

I am in the process of filing for my own divorce. I am in Montana, spouse's whereabouts are unknown. Summons was returned to me as not at last known location. Now I need to put a legal ad in newspaper (out of state). My question is how often do I need to have this published? and for how long?......Thanks

 

[I AM ALWAYS LIABLE]

I am in the process of filing for my own divorce. I am in Montana, spouse's whereabouts are unknown. Summons was returned to me as not at last known location. Now I need to put a legal ad in newspaper (out of state). My question is how often do I need to have this published? and for how long?......Thanks

My response:

Well, first, you need to write and file a Motion to the court to obtain permission and orders from the court to publish the Summons. You can't just send it to a newspaper and tell them to publish it. They won't.

So, go to a large bookstore and pick up a book on Divorce. In it, you'll read the instructions for "Publication of Summons" and sample Pleadings or Motions that you'll need to file with the court.

Normally, a publication of Summons must appear 3 times, once a week, for 3 consecutive weeks, in a newspaper of general circulation, nearest to where your husband was last known to have lived.

Expect to pay anywhere from $150.00 to $300.00 to the newspaper to publish the Summons.

Good luck to you.

IAAL

 

[deefran]

Wouldn't it just be easier to file for divorce under abandonment?

 

[I AM ALWAYS LIABLE]

Wouldn't it just be easier to file for divorce under abandonment?

My response:

Deefran, you're talking about "grounds for divorce", and the writer and I are talking about "procedure" for giving Notice of the divorce. One has nothing to do with the other - - at this point.

It makes no difference what the grounds are (if "grounds" are even necessary), you still need to give the other spouse a Constitutional opportunity to obtain Notice of the proceedings.

IAAL