Divorcing an Absent Spouse
There are many personal, financial, familial, and other matters to consider when getting a divorce. What you should not have to consider, however, is the whereabouts of your spouse. If this question becomes a legitimate issue, the problem of getting a divorce is compounded, and it certainly delays the beginning of the divorce process.
Even under the best circumstances, a divorce is complicated. If your spouse has gone missing and you want a divorce, you need to take action if you want your divorce to become a reality. Get an experienced Austin divorce attorney to help. Call Slater, Kennon & Pugh, LLP, at 512-472-2431 today.
Finding Your Spouse
The unfortunate fact about divorce proceedings is that both parties must be represented. It is ultimately a process that requires both the husband and wife to reach certain agreements or at least acknowledge decisions that have been reached by the court. These are the steps that must be undergone in the event of an absent spouse:
- Search – because your spouse must be served notice, a “diligent effort” must be made to find him or her. This can be done by having your lawyer search the internet, telephone directories, and contacting various agencies.
- Order of publication – if your spouse is still not located, your attorney will fill out this application that proves “diligent effort.” If signed by a judge, your attorney then publishes in the newspaper legal notice of the divorce you are bringing against your spouse.
- Divorce “by default” – once 30 days have passed from the last advertisement of divorce, if there is still no word from your spouse, you can file “by default.” The divorce will be granted and your spouse will be seen as having “defaulted.”
Due to the legal difficulties presented by an absent spouse, it is important to have a knowledgeable attorney on your side during this time.
Contact Us
Divorces are difficult decisions to make, and do not be discouraged if your spouse is missing. You can still get a divorce. Contact an Austin divorce lawyer with Slater, Kennon & Pugh, LLP, by dialing 512-472-2431 to discuss your case.