People divorce everyday, so it may seem like a simple normal thing. However, there are certain situations where the divorce must be handled differently. For instance, if your spouse is missing, or has not been in contact with you for some time, your process of divorce will be different than most people. Here are some things that you need to know about divorcing a missing spouse.

1. You Have To Make Every Effort To Locate Them

You can file for a divorce without having your spouse there to defend themselves but first you have to make every effort to locate them and let them know what is going on. For instance, if your spouse just walked out one day and you haven't seen them for months, you need to do everything you can to let them know what you are filing for a divorce. If you have any type of contact information for them, you need to access it. You also need to talk to family and friends who might know where they are, and if they are truly missing you are required to put their name in the newspapers and search for them as a missing persons before you will be allow to divorce.

2. You Will Have To Prepare The Documents As Usual

In order to get a divorce you will still need to fill out the documents as usual. Rather than having both of you fill out the agreement, you will do all of it yourself. On the parts where your spouse should be signing and you will have to put could not locate. However, the paperwork will still have to be completely filled out before you can go through with the divorce.

3. Appear Before A Judge

Usually with a divorce you would go through mediation to try and find the right agreement for your spouse and you. However, in the case that won't be an option, since there will be no one to negotiate with. Instead, you will have to go before a judge and let them know that you did everything that you could to locate your spouse. If the judge determines that you haven't done enough yet, they might request that you take more steps before you can get a divorce. In other cases, they will grant you the divorce and you can finally move on.

By understanding what you should, this will help you to determine what you should do if your spouse is missing and you want a divorce. Work with a child custody attorney for more help.

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