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What if You Want a Divorce But Don’t Know Where Your Spouse Is Living ?

What if You Want a Divorce But Don’t Know Where Your Spouse Is Living ?

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What if You Want a Divorce But Don’t Know Where Your Spouse Is Living ?

There are some instances where a spouse has left the matrimonial home, and you are looking for him or her to serve a divorce petition. Not knowing where your spouse is to serve him or her with a divorce petition will not keep you from getting a divorce.

The divorce petition must be served personally on your spouse through the courts. If you want to file a petition for divorce but you do not know where your spouse is, the first step is to check with your spouse’s former employer, asking the neighbours, friends or family members of your spouse.

If all attempts to find your spouse to serve the divorce petition has failed, then you would need to serve the petition by substituted service by filing a motion in court and stating the reasons through an affidavit that attempts have been made to serve your spouse and you do not know the location of your spouse.

Once the motion is granted, the petition would usually be published in the newspapers or posted on the notice board of the courts. By doing so, it would be deemed as service on your spouse.

Once your spouse fails to answer the petition, then the court will grant you a divorce as an uncontested divorce because your spouse failed to answer.

Disclaimer: The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult a lawyer for advice regarding your individual situation. Contacting us or viewing this blog does not create lawyer-client relationship.

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