Legal Question in Family Law in Utah
My wife left 2yr ago if I don't know where she is can I still get divorced
2 Answers from Attorneys
She needs to be served. It is best if you know where she is so that you can effectuate personal service. Second best is certified mail, but again if you do not know where she is, still a problem. Finally, Rule 4 of the Utah Rules of Civil Procedure states in part (d)(4) that you can obtain service by another means in order to give notice. The party seeking service of process may file a motion supported by affidavit requesting an order allowing service by publication or by some other means if by reasonable diligence the person's whereabouts cannot be obtained.
In short, yes. But you must do all you can to give notice or she may be able to fight it later on. But if you have done everything you can, then the last resort would be by publication with the court's permission.
You can still get divorced. You can file on line, www.ut.courts.gov. If you do not know his address, you will have to request the court to allow you to 'publish' notice of the divorce. Instructions are on line.