When it comes to divorce proceedings in the state of Indiana, the process can become even more complex and stressful if your spouse is missing or cannot be located. However, rest assured that it is still possible to obtain a divorce under such circumstances. In order to ensure that your divorce is granted, there are certain crucial steps that need to be taken.
Conduct an Exhaustive Search
The first and foremost step in initiating the divorce process when your spouse is missing or cannot be located in Indiana is to conduct a diligent and exhaustive search. The court mandates that you make reasonable efforts to locate your spouse before a divorce can be granted. You are required to utilize all reasonable methods available to you in order to find your missing spouse.
There are several ways to conduct a thorough search, including but not limited to:
- Reach out to family members and friends to gather any information they might have about your spouse’s current whereabouts.
- Utilize social media platforms to explore if your spouse has an online presence that might provide clues or contact information.
- Get in touch with the local post office to inquire if your spouse has filed a change of address.
- Consider employing the services of a private investigator to aid in the search for your missing spouse.
File a Motion for Service via Publication
If you have conducted an extensive search and have been unsuccessful in locating your spouse, the next step is to file a Motion for Service by Publication. This legal process enables you to publish a notice of your divorce in a newspaper that circulated in the last known area where your spouse lived. This notice must be published consecutively for a duration of three weeks.
After the notice has been published, your spouse is granted a period of 30 days to respond to the divorce petition. Failure to respond within this specified timeframe can result in the court granting your divorce through a default judgment.
File a Motion to Serve via Certified Mail
Alternatively, if you possess a last known address for your spouse, you can also file a Motion to Serve by Certified Mail. This particular legal process permits you to serve your spouse with a copy of the divorce petition via certified mail. Subsequently, your spouse has a period of 21 days to respond to the petition.
Seek Professional Legal Assistance
If you find yourself uncertain about the divorce process or in need of assistance with the legal procedures involved in serving your missing or inaccessible spouse the required divorce papers, it is highly advisable to seek the services of a competent and experienced divorce attorney. An attorney can provide you with the necessary guidance needed to navigate the legal system smoothly, ensure that all essential steps have been properly carried out, and effectively represent your best interests in court.
In Conclusion
In conclusion, it is important to remember that even if your spouse is missing or cannot be located in the state of Indiana, you still have the opportunity to secure a divorce. However, certain measures must be undertaken. Conducting a diligent search, filing a Motion for Service by Publication, and/or filing a Motion to Serve by Certified Mail are all crucial steps in the process. To ensure a smooth and successful divorce, it is essential to consult and retain the services of an experienced divorce attorney who can provide expert guidance throughout the legal proceedings.