Legal Question in Family Law in Minnesota
Divorce without knowledge of the others whereabouts
I want to get divorced but do not have any knowledge of my spouses whereabouts. I have not seen her for 5 years. I'm wondering if there is a way to get divorce without any information on the other person.
2 Answers from Attorneys
Re: Divorce without knowledge of the others whereabouts
You have to file an affidavit stating that you don't know the whereabouts of this person, and then a judge will grant an order allowing a notice which will start the divorce proceeding to be published in a legal newspaper that almost nobody reads.
You will wind up with a divorce decree that ends the marriage and awards to you the property you already have in your possession. The court won't be able to help much with child support or contribution toward paying debts, however, unless you can track this person down.
So there are some limitations, but you can get divorced.
Re: Divorce without knowledge of the others whereabouts
You must seek substitute service for the divorce. This means that you must present the Court with an affidavit demonstrating that you have used reasonable methods to locate the other individual (you are usually required to check with the military)and that your search has been unsuccessful.
The Court may then grant yuou permission to serve your divorce papers by publication. That means that a notice is posted in a seldom read legal newspaper for three weeks. After three weeks expires, you may seek a default divorce.
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