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.
What if your spouse disappears?
If you still cannot find your spouse, you must submit a sworn statement (affidavit) to the court explaining your search. The court can then order publication of the notice of your divorce, which must run for several weeks.
What happens when a spouse is nowhere to be found?
Divorce is usually precipitated by an uncomfortable conversation during which at least one spouse must work up the nerve to say he/she wants out of the marriage. If given the choice, it is likely many would skip this step if at all possible, but they do have the comfort of knowing where their spouse is so the divorce process can begin.
Can a divorce be filed if one spouse cannot be found?
However, the law does not want to keep individuals in marriages solely because one spouse cannot be located. As a result, one party can petition for divorce and satisfy the notice requirement by providing constructive notice, or service by publication.
How can I get a divorce if my partner has died?
If you have sufficient evidence that your partner has died, then you can fill in a petition for the presumption of death without sending a divorce petition or dissolution application. You’ll have to pay a £365 court fee. You can use a solicitor to advise you on what evidence you need to provide. Find a solicitor.
How to decide who gets the house in a divorce?
Before you can decide who gets the house in a divorce, there are a couple of basic questions you need to answer. The first of these is who owns it. In most cases, both spouses will be able to claim a piece of ownership. But that’s not always the case.
