Complexity and Variations in Divorce Proceedings
The process of getting a divorce is not only complex but can also be incredibly stressful. This stress is amplified when you are unable to locate your spouse. However, residents of Wisconsin can find solace in the fact that there are still options available to them, even if their spouse remains elusive. This article aims to shed light on the necessary steps and alternatives one can pursue in such situations.
An Arduous Search
Before embarking on divorce proceedings, it is crucial to demonstrate your genuine efforts in locating your missing spouse. Under Wisconsin law, the petitioner seeking a divorce must demonstrate that they have employed a diligent approach in their search. This entails exhausting all conceivable methods of locating their spouse before the court will consider granting a divorce.
To increase the chances of finding your spouse, several search techniques can be employed. These include scouring online directories, reaching out to relatives and friends, enlisting the aid of a private investigator, and even consulting the local post office. It is crucial to meticulously document each step undertaken during your search. This will enable you to provide compelling evidence to the court, demonstrating your undeniable commitment to finding your spouse.
Filing for Divorce by Publication
Should your extensive search efforts prove fruitless, there is still hope. Filing for divorce by publication is a legal avenue through which you can proceed. This process involves publishing a notice of the divorce in a newspaper within your spouse’s last known area of residence. The notice must be published consistently for three consecutive weeks, with copies of the publication provided to the court.
In the event that your spouse fails to respond to the published notice within the specified timeframe, you may be able to progress with the divorce as if the notice had reached them. However, should your spouse respond, the court will schedule a hearing to determine the subsequent steps in the process.
Default Divorce: An Alternative Path
In scenarios where your spouse remains unresponsive despite the publication notice and you have adhered to all legal requirements, a default divorce becomes a viable option. Essentially, a default divorce allows the court to grant your request for a divorce even in the absence of your spouse’s participation in the proceedings.
Before issuing a default divorce, the court will thoroughly assess your divorce petition to ensure it meets all necessary legal requirements. If everything checks out accordingly, the court will proceed to issue a default judgment, ultimately granting you a divorce without requiring input from your spouse.
In Closing
To summarize, pursuing a divorce when your spouse cannot be located presents its share of challenges. However, rest assured that it is an achievable objective. Demonstrating diligent efforts in locating your spouse and adhering to all legal procedures is vital to your success. Additionally, exploring alternatives such as divorcing by publication or default divorce can pave the way for a resolution. Seeking guidance from an experienced divorce attorney will undoubtedly help you navigate this complex process, ensuring your fair treatment under the laws of Wisconsin.