Publication Divorce

In all divorce cases, the Court must have jurisdiction (the power to hear the case) over your spouse.

In an "uncontested" case, your spouse must sign a court form, called a "Pro Se Appearance," and, by so doing, he or she submits to the jurisdiction of the Court.

What if your spouse cannot be found? What if, after you have made an intense and thorough effort to find him or her, you still cannot locate your spouse?

If he or she cannot be found, of course, you will not have reached a complete agreement) or any kind of agreement at all) and, therefore, a "Pro Se Appearance" form will not be filed which will grant jurisdiction to the Court.

IN SUCH AN EVENT, YOU CAN STILL OBTAIN THE DISSOLUTION OF YOUR MARRIAGE!

You will have to file your case and utilize "service by publication." You will have to provide me with (a) a description of all of the unsuccessful efforts you have made to locate your spouse and (b) the last address at which your spouse lived (the last address you know of).

Since we do not know the current address of your spouse, we must publish a Legal Notice in a newspaper.

After the passage of a certain period of time--usually six to eight weeks or so--if your spouse has not received the notice and, thereafter, filed an Appearance form, he or she will be found to be in "default," and the dissolution of your marriage will be granted without the signature or other participation of your spouse.