Legal Question in Family Law in Oregon

Re: How do I get a divorce ?

Your Question:

My husband left me in May 2000. I have no idea where he is or if he's even alive. How do I go about getting a divorce from him?

ANSWER:

First, you file with the court a Petition for Dissolution of Marriage.

Second, you then have husband (the respondent) "served" with a copy of the Petition together with a Summons. Normally, this is accomplished by delivering a copy of the legal papers into the hands of the respondent. But since this cannot be done in the situation you are descrsibing, the law allows for the respondent to be served "by publication." This means that a copy of the summons is published (usually in the classified ads section) in a newspaper of general circulation once a week for four weeks (with a copy of the petition and summons being mailed to his last known mailing address), at the end of which time the respondent is deemed as having been legally served. You have to get a court order specifically authorizing service by publication, and the motion for the court order must show that a diligent effort has been made, although unsuccessful, to locate the respondent's present whereabouts. The court will then grant the motion authorizing service by publication.

After that has been served, you have to wait three months. "Cooling off" period. Then you can obtain a Judgment of Dissolution of Marriage based on respondent's default (assuming he does not file anything with the court showing that he disagrees with what you are attempting to do).

L.D. Gorin