If you can’t locate your spouse, you may be concerned about whether you will be able to secure a divorce or not. However, fear not, as you can be granted a default judgment via divorce by publication. The process is longer and generally more complex when one spouse fails to respond, but a divorce is still possible. For more information and skilled representation, reach out to an experienced York County, PA divorce attorney today.
Can I Get a Divorce if I Can’t Locate My Spouse in PA?
Yes, if you cannot locate your spouse, you may still be able to secure a divorce under state law. The main issue with your spouse being missing is that you cannot fulfill your legal obligation of serving them with the divorce papers. However, if you are unable to complete this service, you can request an alternative option with the court.
Title 231 of the Pennsylvania Code Rule 430 states that “If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made.”
Under this rule, you can file a Motion to Serve by Publication or Posting. If granted, you will be permitted to serve your spouse the divorce complaint and summons via publication in the newspaper. The court authorizes you to publish notice of your intent to get divorced in a local newspaper near your spouse’s last known address or employment. It should include all relevant information, like how to respond or contest. In general, you must publish notice once a week for three consecutive weeks.
It is important to note that before the court allows service by publication, you must show reasonable effort to locate your spouse. This can include reaching out to friends and relatives, checking with last known addresses and employers, checking voter registration databases, and more. Only after demonstrating that you have genuinely tried and failed to find your spouse will the court allow a divorce by publication.
What is a Default Judgment?
If your spouse does not respond to the publication after three weeks, the court is authorized to grant a default judgment. A default judgment is a ruling of divorce without input from the other party. The court will rule in your favor as the other party failed to respond or appear in court.
A default judgment can be tricky in divorce, as many of the important decisions like child support, property division, and alimony are based on both individuals’ income and financial situations. However, a hearing will likely be held to determine how to settle these issues.
To learn more and obtain legal counsel, reach out to a knowledgeable attorney today.
