Legal Question in Family Law in Pennsylvania
if I want to file for a divorce and cannot locate my spouse do I need to hire a lawyer or can I use an online filing service??
2 Answers from Attorneys
You will have to locate him. First to find the court that has personal jurisdiction over him. Second, you might want to check the Social Security Death Index on the off chance he died.
You need his address to put in the divorce complaint. You also need the address to serve him. No Service = No divorce.
So you need to track him down to a given city.
{John}
I agree with Attorney Davidson. There are many services available that help in locating missing people. Once you find him, he can be served. If he cannot be served by ordinary means, you can ask the court to serve him by publication but you can only do this after all other means fail. As this process will be tricky, its best to get an attorney.
I don't know what you mean by "online filing service." Do you mean process servers? Most state actions have to be served by the sheriff, but these may be used. Or your spouse could make this easy and just accept service.
If he is dead, you do not need to worry! But check also to make sure he has not been declared mentally incompetent.