Not all divorce petitions are due to the differences between spouses. For example, if one of the spouses goes missing for over a year or so, the other spouse can seek a divorce to continue with their lives ahead.
The procedure is usually known as “Divorce by Publication”.
What is “Divorce by Publication”?
Usually, when a petitioner files for a divorce in court, they are required to inform the other spouse about the petition. This involves serving a notice to the defending party.
However, it is not always possible or, sometimes required, to serve a notice to the defendant.
The plaintiff can also publish a public notice in a court-recognized publication about the petition. And, this could also serve as proof of notifying the other spouse.
When a divorce petition is filed by publishing a notice in a general publication, the case is referred to as “Divorce by Publication”.
Filing for “Divorce by Publication”
Before we give away the procedure, it is noteworthy that the laws surrounding this form of divorce petition vary from state to state. It is better to consult with a divorce attorney to understand the prevailing conditions and regulations in the state where you’re applying for a divorce. Or you can read more here about divorce petitions.
Now, with that being said, let’s get started with the procedure.
Locating the Other Spouse
In most cases, the attorney, as well as the courts, would order to locate the other spouse. For example, as mentioned here https://ephraimlaw.com/military-divorce/, military divorces are quite complex and messy. And if the missing spouse went missing on duty, the case could get all the more complex.
Submitting the Reports
The courts would ask the petitioner to be involved in the search for the other spouse. And if there is no luck at hand, the courts would demand a report about the search efforts. The report should serve as proof that none of the spouses intentionally sought a divorce.
Publishing the Notice
The next thing to do is publishing a notice in a court-recognized newspaper or magazine. This notice is meantto declare that the petitioner is seeking a divorce and also mentions the reason for it. It also serves as a public notice, so that if anyone has an objection to this separation they may come forward and contest the case.
Observing Statutes of Limitation
Lastly, after serving a public notice, the courts would then order a time frame within which any objections or responses would be entertained. The time frame is usually referred to as statutes of limitations. In most states, the statutes of limitations are between 60 days to 90 days from the day of publishing the divorce notice. After this period the courts would officially declare the annulment of the marriage.
Though divorces are pretty distressing, sometimes they are the only way out. That being said, it is still better to consult with a seasoned divorce attorney before going for separation. And if needed, it is also suggested to go through a therapy session or a mediation procedure.
On this note, we bid you adieu!