Introduction
Going through a divorce is an emotional and stressful process, but what happens when your spouse goes missing? This situation can make the divorce process even more complicated. If you find yourself in this situation and you reside in Delaware, there are steps you can take to get a divorce without your missing spouse.
Petitioning for Divorce
The first step you need to take when your spouse is missing is to file a petition for divorce with the Superior Court of Delaware. In this petition, you will need to state that your spouse is missing and you are unable to contact them.
Service by Publication
In Delaware, if your spouse is missing, the court will require you to make a good-faith effort to locate them before proceeding with the divorce. This includes making attempts to locate them through their last known address, family members, or friends. If you are unable to locate your spouse, the court will allow you to serve them by publication.
Service by publication means that you publish a notice in a newspaper stating that you are seeking a divorce from your spouse and they are required to respond within a certain timeframe. The notice must be published in a newspaper that is circulated in the area where your spouse was last known to reside.
Default Judgment
If your spouse does not respond to the notice within the timeframe specified, the court will proceed with a default judgment. This means that the court will grant you the divorce without your spouse being present.
Conclusion
Going through a divorce is already a difficult process, and having a missing spouse can make things even more complicated. In Delaware, you can still get a divorce even if your spouse is missing, but there are specific steps you will need to take to achieve it. By filing a petition for divorce, attempting to locate your spouse, and serving them by publication, you can proceed with a divorce and move forward with your life.