How to Divorce Your MISSING Spouse! Rebecca Zung, Esq.

How to Divorce Your MISSING Spouse! Rebecca Zung, Esq.

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Today’s Topic – Divorcing the Missing Spouse
So what if you want to get divorced but you have no idea where your former beloved is located?
And I mean you really don’t know. This is a harder and harder thing to believe in this day and age of social media and connectedness so you’ll really have to prove to the court that you tried to find this person but you couldn’t.
Now every state has their own version of how to go about divorcing the missing spouse but the basic premise is the same.
The answer is YES you can divorce the missing spouse BUT you will have to do a few things –
You will have to try to find that person – does that mean you need to spend thousands on a private detective? Probably not. But do you need to send mail to their last known addresses to try to find them? Probably. And then show the court that the mail came back with a stamp on it that said “no forwarding address” or something like that.
If you knew the neighbors, did you ask them if they know what happened to the missing spouse?
Have you looked on Facebook, Instagram or other social media to try to find that person?
Then if you really can’t find them, you will file your divorce papers and then try to have the served with the papers “constructively” meaning you will probably have to publish something in the local papers where you live and where that person last lived – that you are trying to serve that person divorce papers and can’t find them. You will likely have to publish that more than once – depending on your local statutes and rules.
And then if you really can’t find the person then you proceed to some version of a default hearing and see if the judge will enter the final divorce decree. The judge will likely make you show up in person and swear you and ask you about your efforts to find the missing spouse. If he or she believes you and accepts that your efforts were enough to pass muster under the statute then you’ll get your divorce!
That’s it for today’s Wednesday Divorce Wisdom.
If you are interested in having a consultation with me, go to breakingfreefromdivorce.com and click on strategy sessions – and we can get that set up for you. Relief is on the way.
Thanks for joining me today. I will see you tomorrow for Thursday Divorce Thoughts. Tomorrow’s topic: The Three Deadly Sins of Marriage.

11 Comments

  1. Rebecca’s I’m in the state of Texas I’m a low income women. I’m trying to get a divorce from my spouse we have not been living together for over six months and I have not sleep with him nor had any contact with him. As far as I know he moved. I was harrassed for 3 years by a 3rd party about this divorce to the point it effected my mental health and more. We have no children or any property as well. Can I get help with court fees to get this final. Everything you said here does this apply in the State of Texas? I’m not asking for anything just to get divorce. The fact that I’m no longer with him under the stress from this 3rd party of people who sent me through hell behind getting a divorce is a weight off my shoulder as if is. Please can you give me some advice. During the time we was living together and my mental health was being effected by these 3rd party people my spouse did not want to separate he felt as if the harrassment I went through was nothing yet expected me to stay with him and move forward just because he was in love and I was no longer in love but over wheeled stressed and more. Please help me with with some advice.

  2. Im in this situation! Im tryung to divorce him and he cannot be found over 11 years now! I have been provided a free attorney through a legal sevice in utah but i feel so stuck right now, she gives advice but doesnt reply to my emails or calls.

  3. What if the person went into legal hiding because they know how to work the system and claim abuse… However they are the true abuser?

  4. I basically think no one deserves to have a cheating spouse. Trust is like a crystal glass that once it’s broken,it’s hard to fix them.. That’s why it’s important to apply wisdom when dealing with our partners… Last week I suspected my husband cheating on me, a friend recommended a hacker to me I contacted him and he helped me get cheating proves by helping me hack his phone giving me full access to everything he does on his phone… I got access to all his phone call logs, Text messages, Facebook, Instagram, WhatsApp, Kik, Emails, Social media chats (both old and new) without looking at his phone… if you suspect your spouse cheating on you, just contact this great hacker via text/whatsapp or call him ‪+1 (908) 799‑8357‬ , or via mail (darkwebprohack@gmail.com). His services are very trusted and guaranteed and also affordable, I can’t thank him enough. I hope you find peace of mind just like I have found after discovering the truth.
    As the saying goes,what doesn’t kill you makes you stronger

  5. I’m doing my Florida divorce by publication. I’m self filing. All the steps have been completed and I received a hearing date for the 30th of this month. Do I have something specific to do prior to the date or just show up to the zoom meeting since my spouse won’t be there anyway. Thanks for responding

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