Can you divorce someone without knowing where they are?

Can you divorce someone without knowing where they are?

You can divorce your spouse even if you can’t find him/her and even without their participation in the divorce proceeding, so long as a Judge is satisfied that your spouse had notice of the divorce proceeding. When your spouse is M.I.A., notice by publication may be your best option.

How do you serve divorce papers if you can’t locate your spouse in California?

If you do not know the whereabouts of your spouse or domestic partner in order to properly serve him or her with your filed Summons and Petition (or some other document), you can ask the court for permission to serve your papers “by publication” or “by posting.”

Do divorce papers have to be served in person?

The papers must be served by a “disinterested person.” This means someone who is not a party in the case, not interested in the outcome of the case, and who is at least 18 years old. Family members and significant others (boyfriends/girlfriends) cannot serve the documents.

How do I serve divorce papers out of state?

One option you have is to hire a process server in the area where your spouse lives, or to get help from local law enforcement where your spouse lives. There is a cost to this, but it ensures your spouse receives the papers and is properly notified so the divorce can move forward.

What if Husband Denies divorce?

You can file the divorce petition on ground of cruelty, he can not decide to give you the divorce or not. This will be decided by the Court only where you will file your divorce petition. If that does not work, try to convince for a divorce by mutual consent under S. 13-B Hindu Marriage Act, 1955.

Can my husband divorce me without me knowing?

Your spouse cannot easily divorce you without your knowledge; the court will do all it can to make sure measures are taken to serve you with papers. If you refuse to respond to your spouse’s divorce petition, it will delay the process, but not prevent divorce altogether.

Can I get divorced if I can’t find my spouse?

Never fear! It is possible to apply for a divorce without knowing the location of your spouse. If you do not know the whereabouts of your spouse you can apply to the Court for substituted service or dispensation of service as long as you can show the Court that you have made attempts to contact your spouse.

Can my spouse file for divorce after I have already filed?

If two cases are started at once, one party will need to withdraw his or her petition. Usually, the person who filed the second case will ask the judge to dismiss it, and the divorce will proceed in one court only. Finally, simultaneous divorce cases may be possible if the spouses live in different states.

How do I get a divorce if my husband is not willing?

You can file a petition under section 13 of Hindu marriage act on court, on the ground of cruelty. And you have to plead and prove the cruelty, and you can obtain decree of divorce, even though your husband is not ready. Yes you can go for divorce at this stage even if your husband or in laws dont agree for the same.

What is stonewalling in marriage?

Stonewalling in a relationship is when one person refuses to communicate or cooperate with their partner becoming like “a stone wall”. You may know it as its more common name, the ‘silent treatment’.