How to Divorce a Missing Spouse

If you are contemplating divorce and you cannot locate your spouse, you may be wondering how you can move forward without serving divorce papers. Importantly, you cannot. But if you do not know the whereabouts of your spouse, you can still legally obtain a divorce by using an alternative process for service. Divorce by publication can allow you to end your marriage if you have made diligent attempts to locate your spouse and you truthfully are unable to find them.

Are You Required to Serve Divorce Papers on a Missing Spouse?

Under Missouri law, a defendant spouse in a divorce action must be served with the initial divorce papers that were filed with the court. This means if you are the party who is commencing the divorce, you must provide the other side with official notice. In addition, service of process must be done correctly — if it is not, a court may deem that your spouse was not afforded their due process rights. Improper service of process can ultimately cause delay in your case or dismissal of the action.

Typically, a spouse must be personally served with divorce papers. Personal service of process must be made by a sheriff or any person over the age of 18 who is not a party to the action. If your spouse is difficult to find, the court may appoint a special process server to serve the papers who has the investigative tools to locate your spouse. However, in the event personal service cannot be made on your spouse, you can request alternate service by certified mail. If this is not possible, you can ask the court for permission to publish the divorce summons in a newspaper instead.

What is Service by Publication in Missouri?

Sometimes a spouse still cannot be found after multiple good faith attempts to locate them have been made. In such cases, the court may allow you to effectuate service by publication in lieu of personal service. This entails publishing a notice in a local legal publication or newspaper for a period of four consecutive weeks. You must sign an affidavit stating the reasons your spouse could not be located and the specific attempts you made to find them. If your spouse does not file a response after this time, a court will deem that the party has been served — and a default divorce proceeding can be held.

However, it’s essential to be aware that in cases involving service by publication where a divorce is obtained by default, the court can only dissolve the marriage and determine child custody (if jurisdiction is proper). A judge would not be permitted to divide property, award spousal support, decide child support, or award attorney fees in the case.

How Do You Show the Court You Made Attempts to Find Your Spouse?

A court will not simply allow you to serve your spouse divorce papers by publication because you don’t know where they currently live. To move forward with service by publication if you cannot find your spouse, you must show the court that you have made thorough attempts to find them. Typically, you must testify in your affidavit that you have done the following things in an effort to find your spouse in order to effectuate service of process by publication:

• Contacted their family and friends, but they were unable to inform you where your spouse is
• Looked through the telephone book for their address and phone number
• Searched the internet for your spouse’s telephone number and address
• Contacted people at your spouse’s last known place of employment in an attempt to find them
• You spoke with your spouse, but they refused to provide information about their whereabouts

If the judge agrees you have made sufficient attempts to find your spouse in order to serve them notice of the divorce and were unable to do so, they will sign an order granting your request to serve process by publication.

Contact an Experienced Missouri Divorce Attorney

If you are considering divorce and unable to locate your spouse, you may be able to serve them by publication. However, it’s best to discuss your specific matter with a skillful divorce attorney who can best advise you regarding your options. Divorce and family law attorney Mark A. Wortman provides compassionate counsel and trusted representation to clients in the greater Kansas City, Missouri area for divorce and a wide variety of family law matters. To schedule a confidential consultation to learn how he can help, please contact him today online or by calling (816) 523-6100.