Legal Question in Family Law in Alabama

I assume you are asking if you can divorce a person whose whereabouts are unknown. This is a tricker question that you might think. The short answer is "yes", but there are some important requirements. If you don't get this right your divorce might be invalid or subject to attack later. Did the person even live in the county where you want to file? Did the person ever live in the county where you want to file when married to you? Do you know where the person is? Do you know the person's last known address? If the answers to these questions are yes, except for your knowledge of his location, you can file your divorce, attempt to find the person, "serve" or notify him of the divorce according to the Alabama Rules of Civil Procedure (Rule 4). You may wind up doing this by publishing a notice in the newspaper. Then you go to court and get a "default judgment" when he or she fails to show up. Again, be careful here. You must make sure the court you use has proper jurisdiction over him, and you must make sure you "serve" him according to the rules. If you don't, your divorce could be invalid. Good Luck.