Legal Question in Family Law in Hawaii
Obtaining a divorce if whereabouts of spouse is unknown
Is it possible to obtain a divorce if the whereabouts of my spouse is unknown? My spouse and I have been separated for approximately four years. He was last residing in San Antonio, Texas, however I do not have a specific address or telephone number. Last contact was by telephone about March 1999. We have one child together who is living with me. If it is possible, what are the steps involved in this type of divorce case and the potential costs involved?
2 Answers from Attorneys
Re: Obtaining a divorce no address
I doubt Hawaii differs from other states in the civil rules. The first thing you want to do is make a good faith effort to locate him. Check directories maybe the post office, Internet, if you have it, whatever resource you can think of.
If after making inquiries, you have not been able to track him then you can generally serve notice by means of publication (the court clerk will have the forms and will process it). This generally means publication of the notice in a newspaper for a certain number of times. It costs a little more because you have to pay for what is essentially a type of classified ad. If he doesn't respond (they rarely do), you can proceed ex parte (without the other side)
I hope that answers the question.
Obtaining a divorce if spouse is unknown
You can obtain a divorce even though your spouse is unknown. The court can order that the service be made by serving on relatives or by publishing in a newspaper.
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