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If you’ve decided to hire a divorce lawyer and move forward with ending your marriage, you’re likely eager to get through the process as soon as possible. However, if you’re unable to locate your spouse to move through the proceedings, you could face considerable delays. The following guide outlines what to do in these situations to ensure you are able to move forward with your life. 

How to Prove You Tried to Find Your Ex-Spouse

Courts require both spouses in a marriage to acknowledge and sign off on divorce papers before the separation can be finalized. As such, if you’re unable to locate your ex, the courts will require you to provide due diligence to locate them. This might include proving you checked their last known residence, last known workplace, contacting their family members, and reviewing online court records to see if your spouse was arrested or imprisoned. 

How You Can Proceed With the Divorce

divorce lawyerOnce your divorce lawyer has proven to the courts that you’ve done everything you can to find your spouse, they’ll file a petition to serve by notice of publication. This involves placing a notice in a local newspaper that you plan to file for divorce. Typically, these notices need to run at least three times in a three-week period. At that point, you can move forward processing the divorce without your ex’s confirmation or approval. 

Most courts understand that there is no guarantee that your ex will actually see the notice of divorce. However, when you’ve done everything you can and your partner is completely unresponsive and can’t be located, they forfeit their right to have a say in the proceedings. Your divorce lawyer will draft the necessary documents to move the divorce forward. 

 

 

If you need help filing a petition to serve notice by publication, contact Greene Law PC in Farmington, CT. For over 25 years, these divorce attorneys have provided reliable, comprehensive legal counsel to residents throughout the area. Visit their website for more information on their practice, and call (860) 676-1336 to schedule a consultation. 

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