When someone files for divorce, they are often separated from their spouse. Most petitioners know where their spouse is though. Not knowing your spouse’s location can make filing for divorce a bit more complicated. This is why it’s a good idea to talk to a Morton divorce lawyer to learn more about what you need to do to make your divorce petition valid and what happens after the papers are filed.
What Do I Have to Do If I Don’t Know My Spouse’s Location?
If the court asks about your spouse’s location, you cannot just shrug. You must make some effort to find them. This can mean taking actions like:
- Contacting people who might know your spouse’s location, like family members or friends
- Serving notices to their last known address
- Serving papers at their last known workplace
- Looking for records that indicate that they may have been incarcerated or hospitalized
- Checking obituaries in case your spouse has passed away
- Publishing a notice about your divorce petition in a local newspaper
This can take a lot of work, but you have to show that you have tried to find your spouse then the court can take your petition seriously.
Can a Divorce Move Forward If My Spouse’s Location is Unknown?
Once you have made a substantial effort to find your spouse, your divorce can actually move forward. This is true even if your spouse’s location is still unknown.
This means that you will basically get everything that you wanted out of the divorce. Normally, the petitioner would request their ideal divorce arrangement and their spouse would respond. Negotiations would then continue until a deal could be reached. If your spouse never responds, there’s no one to bargain with. You get what you want.
This can mean that you get full custody of the children and all of the assets. You can also say that you won’t be paying alimony to your former spouse. You can even exclude yourself from responsibility for any debts accrued as a married couple. In many situations, the court is going to grant the petitioner what they ask for.
Are There Additional Complications a Petitioner Needs to Know About?
There are some issues that you may still have to deal with though. Even when granting a default judgment, a divorce court cannot decide everything right then and there. There are some matters, like child support and visitation, that require your spouse’s participation. You would have to find your spouse to make a final agreement on certain topics. However, you should know that a default divorce is still a divorce. You are no longer married and you are free to move on with your life.
Talk to an Experienced Divorce Lawyer
When you are ready to file for divorce, our legal team is ready to advocate for your best interests. Contact Butler, Giraudo & Meister, P.C. to schedule a consultation and learn more about what our attorneys can do for you.
