We get many requests, such as how to divorce someone you haven’t seen in years. In short, you can get a divorce even if you don’t know where your spouse is. However, if you have property or children, the court cannot grant the divorce, award property in your possession, or approve your parenting plan.
To start, you’ll need to show the court that you’ve made efforts to locate your spouse, such as searching social media or contacting mutual friends. If those efforts fail, we can file a motion asking the judge to allow service of the divorce notice through publication in a local legal newspaper, like The Daily News in Memphis.
Once the judge approves, the notice will be published for four consecutive weeks. If your spouse doesn’t respond, we’ll request a default judgment, meaning the judge will accept your divorce claims as true. After 30 days, we can schedule a final hearing, where you’ll testify about your case with a witness to support your claims. Keep in mind that if your spouse is served by publication, you may not be able to seek monetary support like alimony.
