How Am I Supposed to Get Divorced if I Cannot Locate My Spouse?
In any Georgia divorce, your spouse has a right to know that you have filed for divorce, where you have filed for divorce, and what you are requesting in your divorce. In order to ensure that your spouse knows all of these facts, you must properly serve your spouse with notice of your divorce proceedings as provided by Georgia law. Service of process, however, can become very difficult if you don’t know how to locate your spouse. Fortunately, there is a way to get divorced even if you don’t know where your spouse lives.
The law does require that you make reasonable efforts to find your spouse, but if you have done so and still are unable to locate him or her, you still can get divorced. You can serve your spouse by publication, which can be done in a local newspaper. More specifically, notice by publication requires that you publish notice of your divorce proceedings on four separate occasions in a local newspaper. These publications must take place within 60 days after filing for divorce, and each publication must occur at least seven days following the previous publication. There is likely to be an additional fee charged in order to publish notice of your divorce in this manner. Once you complete the publication process and file the appropriate documents with the court, you can proceed with your divorce.
It should be noted that divorce cases can be very difficult and complex, particularly when you are having difficulty locating your spouse. The Shaw Law Firm has represented many cases involving location and service issues. As a result, we can help advise you about the strategy that would be most beneficial or appropriate in your legal matter.
Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.
Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.