How can I notify my wife of divorce if I can't find her?

Full question:

My wife and I were married seven years ago. For the last few years we had many issues while living together and my wife moved out of the marital home. Even after separation, we were not able to resolve the problems. Therefore I decided to file for divorce. Since my wife has moved around several times since we first separated, I don’t’ have a good address for her.So, is there any other way to give her a valid notice of the divorce proceedings and get an order of divorce?

• Category: Divorce
• Date: 04/07/2025
• State: National

Answer:

The traditional way to start a divorce is by serving your spouse with a divorce notice at their last known address. If you cannot locate your spouse despite diligent efforts, you can request the court to issue an Order of Notice by Publication. This involves publishing a legal advertisement of your divorce intention in a local newspaper near your spouse's last known location. This publication typically runs for about three weeks, and your spouse will have time to respond to the final notice.

If your spouse does not respond within this time frame, you can proceed to finalize the divorce by default. This method allows you to divorce your spouse even if they cannot be found or do not participate in the proceedings. However, the judge must be convinced that you have made reasonable efforts to locate your spouse and that notice via publication is justified.

The court will require you to file an affidavit of marshal service, confirming the publication, along with a copy of the published notice. Some states also require an affidavit of military service to confirm that your spouse is not in the military. Through this process, the court can issue final orders regarding property division, asset and debt division, and child custody matters, even without your spouse's participation.