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Can a divorce be granted if the defendant’s whereabouts are unknown?

April 26, 2017defendant divorce GRANTED unknown whereabouts

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Can a divorce be granted if the defendant’s whereabouts are unknown?

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Yes. The petitioner should make a good faith effort to locate the whereabouts of the defendant. If after such effort, the defendant cannot be located, the defendant can be served notice by publication.

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Yes. If the filing spouse has made a ‘good faith effort’ to locate the missing spouse, and can swear under oath and penalty of perjury that they do not know the current whereabouts of the defendant and have made an effort to locate them, the missing defendant can be ‘served’ by publication of a notice in a local newspaper.