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How To Get A Divorce If You Can’t Find Your Spouse

Posted by Unknown | Sep 03, 2020 | 0 Comments

how to get a divorce if you can’t find your spouse

If you're in search of guidance on "How to get a divorce if you can't find your spouse?" look no further than Drama-Free Divorce. Our team is dedicated to helping you address all of your divorce concerns. With flexible financing starting at $500 per month, divorce becomes more affordable for Missouri and Kansas residents living in Kansas City in particular.

We take great pride in offering a transparent, fixed-cost pricing structure, which guarantees no unpleasant surprises when it comes to your costs. Furthermore, we aim to lessen the stress associated with traditional divorce proceedings. Often times you won't even need to appear before a judge, saving time and stress during legal proceedings.

Our legal team is known for being compassionate and understanding during this difficult time. We recognize the emotional strain that divorce can create and are here to offer professional and compassionate guidance throughout this journey.

You're facing divorce, but you can't find your spouse. We're here with useful information and style to help you navigate this tricky situation. This article will explore various aspects related to filing for divorce when your spouse cannot be located - proof required, legal assistance necessary, and suggested actions to take.


Can I Get a Divorce If I Can't Find My Spouse?

Divorce can be an emotionally taxing experience. But even when your partner cannot be found, divorce remains possible. But how? Let's explore this subject further.


How can I file for divorce if I cannot find my spouse?

When your spouse is absent, filing for divorce using "divorce through publication" can be done using several steps.

  • Diligent Search: Before filing for divorce by publication, it is imperative that you demonstrate you have undertaken every effort possible to locate your spouse through public records, the internet, and other resources. This requires searching public archives as well as searching the public database in which they might reside.
  • Publication of Summons: If your search has yielded no results, the next step should be publishing an announcement of divorce proceedings in your local newspaper as an official summons notifying your spouse about them.
  • Waiting Period: After publication, there will be a response period during which your spouse can respond. This varies by jurisdiction so check local laws to find out how long this takes.


What Proof is Required to Obtain a Divorce by Publication?

When filing for divorce via publication, it is critical to provide substantial proof of your spouse's presence. Courts typically require substantial proof that searches were undertaken. Here are some common types of evidence:

  • Affidavit for Diligent Search: To document your efforts to locate your spouse, submit an affidavit outlining every step you took during the search process. Be sure to include relevant dates and places you searched.
  • Newspaper Publication: Keep copies of newspapers where your divorce summons appeared as proof that you followed all legal procedures correctly. This document serves as proof that you complied with legal procedures during your proceedings.
  • Witness Testimony: Testimonies from witnesses present during your search can help strengthen your case and provide vital evidence against those responsible.


What Happens if Your Spouse Fails to Respond to the Published Summons?

If your spouse fails to respond to the summons issued by the court, divorce proceedings can proceed in its absence and expect a favorable judgment - though this outcome could differ depending on where you reside.


Why hiring a divorce lawyer is better than not having one?

Hiring an attorney when going through complex divorce proceedings is strongly advised, particularly if one or both spouses cannot be located. Here's why:

  • Experience: Divorce lawyers understand the complex legalities associated with divorce, and will make sure you follow all appropriate procedures.
  • Navigating Complexities: Navigating complex legal matters such as proving the absence of your spouse and publishing processes is possible.
  • Protecting Your Rights: Hiring a lawyer will assist in safeguarding your legal rights throughout the divorce proceedings.
  • Mediation and Negotiations: If your divorce is contentious, having legal assistance during mediation and negotiations may make the process simpler.


When should you hire an attorney?

Timing is crucial when hiring divorce attorneys, as soon as you notice that your partner has disappeared from your life, contact an attorney immediately so they can guide and advise you through every stage of the process, increasing your odds of success.


What criteria must I follow to identify an effective lawyer?

Finding the appropriate attorney is key to the success of your case, so consider these criteria when searching for legal assistance:

  • Experience: When hiring an attorney to handle divorce and family law cases, look for one with experience in such matters.
  • Reputation: Before hiring an attorney, take time to read reviews online and seek recommendations from friends or acquaintances. Also, make sure they possess an outstanding track record in their field.
  • Communication: Select an attorney who responds quickly and communicates well.
  • Fees: Understand the fee structure of your attorney and make sure it fits within your budget.


Why Choose Drama-Free Divorce?

Consider our firm when searching for a divorce attorney due to various reasons.

  • Proven Track Record: Our firm has extensive experience managing divorce cases involving spouses who could not be located.
  • Positive Reputation: Our firm takes great pride in the positive reputation it has gained among both legal professionals and clients alike.
  • Communication Effectiveness: At our firm, we place great emphasis on clear and continuous communication in order to keep you fully apprised of the progress of your case.
  • Transparent Fees: Our fee structure helps you better plan for legal costs.


Suggestions for Action

Are you ready for divorce even without the spouse present? Below are a few steps you can take now:

  • Consult a divorce attorney in order to formulate a strategy and discuss your case.
  • Begin your investigation diligently and provide evidence.
  • Launch your publication process according to local laws.
  • Keep meticulous records of all actions, such as filing affidavits or newspaper articles.
  • Be sure to heed the advice of your attorney, and maintain communication throughout the proceedings.
  • Plan for all possible outcomes - from how your spouse may react, to a possible default divorce.

Even in difficult circumstances, you can successfully navigate the divorce process with the support of an attorney and their help. Contact us today at 816 615-5555 or send us an email on our Contact Page.

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