Legal Question in Family Law in Pennsylvania

Re: missing a long time

There is no such law. You must file a Complaint in Divorce, you will probably need assistance from an attorney because the spouse must be served. There are several ways to serve the spouse eventhough you may not be able to locate him.

Re: missing a long time/ want a divorce

Under the US Constitution, the state cannot deprive a person of life, liberty or property without due process of law. At a minimum, that requires that no one may lose anything without being given notice of the proposed action and the opportunity to defend it. If you have no idea where he is and, after investigation, are still unable to locate him, you will not be able to pursue a divorce.

However, if you know where he is but are simply unable to physically hand him a copy of a complaint because he is avoiding service, the rules allow for alternative service such as by publication. The first steep is to utilize all available resources to locate him. There are many services available on the web and PIs. Certainly, an attorney can point you in the right direction to search for him.

If you are never able to locate him, you could consider the possibility that he may be presumed dead. If someone disappears for more than seven years and the circumstances of their disappearance could lead to the conclusion that they are dead, it is possible to have the person declared dead. In that event, a divorce becomes unnecessary. I realize that the presumption of death is extreme and would only be considered as a last resort.

I trust this has been helpful, but feel free to call or e-mail with any questions.