Yes, you have a right to access the courts to achieve a divorce even if you don’t know where your spouse is.
You’ll be required to perform a thorough search using public databases, last known addresses, friends or relatives you can find, and previous employers.
When the court is satisfied that you’ve searched thoroughly for your spouse but still haven’t been able to find them, you will have the option of using what is known as Publication Divorce.
This is rare, especially in the age of the Internet, but in some circumstances the court will allow you to use the local newspaper in your spouse’s last known home town to post an ad notifying them of the action against them.
When these terms have been met, if your spouse has not responded, your spouse will be considered in default and the court will authorize your divorce.
Due diligence in searching for a missing spouse is key in a case like this, and because of the ease of information access today, it can be hard to persuade a judge that you’ve exhausted all avenues.
The team at Zelenitz, Shapiro & D’Agostino can help. Call us today at 718-523-1111 for a thorough, professional search for your missing spouse, and a smooth and speedy divorce.
