When it comes to divorce, one of the most challenging aspects is locating your spouse to serve them divorce papers. However, what happens if your spouse has moved away and you are unable to find them? Is it still possible to get a divorce? In this article, we will explore the specific guidelines for divorcing a missing spouse in the state of Montana.
The First Step: Attempting to Locate Your Spouse
Before proceeding with a divorce, it is essential to make a reasonable effort to locate your spouse. This involves reaching out to their last known address, contacting their family, and even reaching out to their workplace. In more challenging cases, hiring a private investigator might be necessary to aid in the search. The court will require proof that you have made a diligent attempt to serve your spouse with divorce papers before proceeding with the divorce.
Filing for Divorce in Montana
In Montana, if your spouse has been missing for over six months, you have the option to file for a "Divorce by Publication." This process allows you to publish a notice regarding your intentions to divorce your missing spouse in a local newspaper for four consecutive weeks. This serves as a legal notification to your spouse about your intention to divorce.
If your spouse fails to respond within 21 days of the last publication, the court may grant you a divorce by default. However, if your spouse does respond, the court may require you to provide evidence of your diligent search efforts.
Division of Property: How to Divorce When Your Spouse is Missing
In Montana, the division of property during a divorce is based on the principle of equitable distribution. This means that the court will divide the property in a manner that is fair, although not necessarily equal. However, when a spouse is missing, the division of property can become more complex. If the court grants you a divorce by default, they might still require a hearing to determine the division of assets and property.
Custody and Child Support
If you have children, matters of custody and child support will also need to be addressed. In Montana, the court always prioritizes the best interests of the child when making custody determinations. In cases where a spouse is missing, the court may appoint a guardian ad litem to represent the interests of the missing spouse.
When calculating child support in Montana, the court follows the income shares model. This model takes into account the income of each parent and the amount of time the child spends with each parent. If your spouse is missing, the court may use their previous earnings or similar jobs in their field to determine an imputed income for child support calculations.
Conclusion
Getting a divorce when your spouse is missing can undoubtedly be a complex process. However, it is not impossible. You must take all reasonable steps to locate your spouse before pursuing a divorce by publication. If granted, the court will still address matters such as the division of property and custody and child support. It is crucial to seek guidance from an experienced family law attorney who can navigate you through this intricate process.