Divorce by publication is a legal process that allows one spouse to obtain a divorce when the other spouse cannot be located. This method is typically used when the absent spouse's whereabouts are unknown, and it is governed by state-specific laws. Generally, the law requires the spouses to have lived apart for a designated period before this type of divorce can be pursued.
This term is primarily used in family law, particularly in divorce proceedings. Divorce by publication is a legal remedy for individuals who have made reasonable attempts to locate their spouse but have been unsuccessful. Users can often manage this process themselves with the right legal forms, such as those provided by US Legal Forms, which are drafted by licensed attorneys.
Here are a couple of examples of abatement:
Example 1: A person files for divorce after their spouse has not been seen or heard from for over a year. After making several attempts to contact them via phone and mail, they decide to proceed with divorce by publication.
Example 2: A partner in a marriage moves abroad without informing the other partner. After trying to reach out through various means and failing to get a response, the remaining partner opts for divorce by publication to finalize the divorce process. (hypothetical example)
| State | Publication Requirements |
|---|---|
| California | Notice must be published for four consecutive weeks. |
| New York | Notice must be published for at least 28 days. |
| Texas | Notice must run for at least 21 days in a local newspaper. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Divorce by Publication | A divorce granted when one spouse cannot be located. | Requires publication of notice; used when a spouse is absent. |
| Contested Divorce | A divorce where both parties disagree on terms. | Involves court hearings; both spouses are present. |
| Uncontested Divorce | A divorce where both parties agree on all terms. | No publication needed; both spouses are cooperative. |
If you find yourself in a situation where your spouse is absent and you wish to file for divorce by publication, consider the following steps:
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The process typically involves filing for divorce, attempting to locate your spouse, and then publishing a notice in a local newspaper if they cannot be found.