Dealing with the emotional, mental, and legal distress of a missing spouse can be incredibly challenging. The thought of obtaining a divorce without knowing the whereabouts of your spouse may seem impossible. However, in South Dakota, it is indeed possible to get a divorce even if your spouse is missing. Nonetheless, this process involves certain legal procedures and requirements that must be followed.
Requirements for Divorce in South Dakota
Before initiating the divorce process in South Dakota, there are specific requirements that must be met. Firstly, either you or your spouse must have been a resident of the state for at least one year. This residency requirement is crucial, as failing to meet it may prevent you from filing for divorce within the state.
Moreover, it’s important to note that South Dakota is a no-fault divorce state. This means that there is no need to provide evidence of wrongdoing in order to obtain a divorce. Instead, you simply need to state that there are irreconcilable differences that have caused the marriage to break down irretrievably.
Divorce by Publication
If your spouse is missing, there is still a legal pathway available for obtaining a divorce known as "divorce by publication." In this process, it is essential to make diligent efforts to locate your spouse. Hiring a private investigator or searching public records can provide valuable information that may help determine your spouse’s location. Once a thorough search has been conducted, you can proceed by filing a motion for service by publication.
Service by publication involves publishing a notice in a newspaper within the area where your spouse was last known to reside. This notice should include your name, your spouse’s name, and the intention to obtain a divorce. It is usually required to publish this notice once a week for three consecutive weeks. If your spouse fails to respond within a specified timeframe, you will be able to proceed with the divorce process.
Uncontested Divorce
In the case where your spouse is missing, and there are no children or jointly-owned assets or debts involved, you have the option to pursue an uncontested divorce. An uncontested divorce occurs when both parties agree to the terms of the divorce and sign a settlement agreement. By submitting this agreement to the court, it is possible to obtain a divorce without the need for a court appearance.
Conclusion
Navigating the challenges of a missing spouse and contemplating a divorce can be an overwhelming experience. Seeking the advice of an experienced divorce attorney is highly recommended in order to fully understand your legal rights and options. A skilled lawyer can provide the necessary guidance throughout the entire legal process. While the prospect of obtaining a divorce with a missing spouse may initially seem daunting, it is indeed possible with the right resources and expert legal support.