You can indeed get a divorce even if you cannot locate your husband or wife. Normally when a person gets a divorce, he or she will be required to serve notice of divorce to the spouse. However, say you cannot find your spouse. This does not immune you and your spouse from becoming legally divorced. Rather, the process changes a bit.
First, you will want to hire a process server who can attempt to serve your notice of divorce to the last known residence of the spouse, or to their last known place of work, relative’s house, etc. Then, once the process server has made several diligent efforts and has not succeeded in finding your spouse, you change strategies.
You or your process server will go to the local judge and will explain that you have attempted to serve the spouse your divorce papers. You will show all of the attempts which were made by offering the judge a copy of the citation and dates of attempt.
Leave Notice on Door of Last Residence
You will ask the judge for special permission to be able to leave the notice of divorce on the door of the last known residence. If the judge accepts this motion and signs off on it, you will be allowed to skip the service of the spouse himself or herself, and will serve the residence. Upon collecting proof that such “residence” service was made, you will proceed to set a date to go to the court during an uncontested docket.
You will swear in, offer the judge proof that you could not serve the spouse in person, request a default judgment in favor of the divorce and hand the judge your divorce decree for the judge to sign. Upon the judge’s signature, you are divorced. Thus, a divorce indeed can happen even if your spouse conveniently disappears to avoid being served with the divorce papers.