Deciding to file for divorce is a significant step, but the process can seem impossible when you cannot find your spouse. While this situation presents unique challenges, Michigan law provides a clear path forward. It is possible to obtain a divorce even if your spouse’s location is unknown, ensuring you are not trapped in a marriage you wish to end.
At the Law Offices of Michael A. Robbins, we have guided clients through this complex process for over 30 years. Understanding the necessary steps is crucial for a successful outcome.
- Due Diligence: You must make a reasonable and thorough effort to locate your spouse.
- Motion for Alternate Service: If you cannot find your spouse, you must ask the court for permission to serve them in a different way.
- Service by Publication: The most common method is publishing a notice in a local newspaper.
- Default Judgment: If your spouse does not respond after proper service, the court can grant a divorce by default.
What Steps Must I Take to Find My Spouse?
Before a Michigan court will allow you to proceed with a divorce without personally serving your spouse, you must demonstrate that you have made a diligent effort to find them. This is a critical step known as “due diligence.” What does this entail? It means you have to actively search for them.
This search should include:
- Contacting their friends, family members, and last known employer.
- Searching online through social media and public records databases.
- Checking their last known address and sending a certified letter.
It is vital to document every attempt you make. Keep a detailed log of calls, emails, letters, and online searches, including dates and outcomes. This record will serve as evidence for the court that you have exhausted all reasonable options.
How Do I Serve Divorce Papers to a Missing Spouse?
Once you have demonstrated a diligent search, your attorney will file a motion asking for permission to use an “alternate method of service.” If the judge is convinced that your spouse cannot be found, they will grant this motion.
A common question is, “What happens after the judge approves the motion?” Typically, the court will order “service by publication.” This involves publishing a notice of the divorce filing in a newspaper circulated in the area where your spouse was last known to reside. The notice runs for a specified period, usually for several weeks. This publication provides official legal notice to your spouse and gives them an opportunity to respond.
What if My Spouse Still Doesn’t Respond?
If the publication period ends and your spouse has not responded to the divorce complaint, you can ask the court to enter a “default judgment of divorce.” This means the judge can finalize the divorce based on the terms you requested in your initial filing, as your spouse has forfeited their right to contest it. The court will review your proposed terms for property division, and if applicable, custody and support, to ensure they are fair before issuing a final order.
Why You Need an Experienced Attorney
Divorcing a missing spouse involves specific legal procedures that must be followed precisely. Any misstep in demonstrating due diligence or in the process of alternate service can result in the court rejecting your case, causing significant delays.
With decades of experience in Michigan family law, Michael A. Robbins understands the intricacies of these cases. We will ensure that every legal requirement is met, from conducting a thorough search to filing the correct motions and finalizing the divorce. You do not have to remain in legal limbo. Contact the Law Offices of Michael A. Robbins today for a confidential consultation to learn how we can help you move forward.