What the Heck is....? A Series-Part 2 What the Heck is Divorce Through Publication?

I have been talking with people I have met on Facebook in divorce groups.  There is so much to learn from others going through a divorce.   I find that there is an opportunity to receive and give support in these groups.

 One woman going through a difficult separation asked me some questions regarding "Divorce Through Publication." I was at a loss to answer her questions because I had never heard of this.  Now I am on a mission to try to discover what it is.  Let's consult Google...

Divorce Through Publication

As I understand it...

As in everything divorce-related, I am sure that all things divorce varies from state to state.  With that in mind, let's get a general overview of the definition of  Divorce Through Publication.

Here is a quote by US Legal

"Divorce by publication is a divorce allowed in some states when the spouse cannot be located. It is governed by state laws, which vary, but generally require the spouses to have been living apart for a certain minimum amount of time".
 

Divorce Through Publication can be used in some states by posting a notice in the newspaper.  This is only used if the spouse cannot be located, someone that has left no forwarding address and seems to have disappeared.

To seek this type of divorce, there has to have been an attempt to find the missing spouse before proceeding.  The search for the disappeared spouse may include searching the phone book, seeking help from friends and family, checking the post office and tax records for change of address, and the list goes on.

Once all the attempts made to find the spouse have been unsuccessful, the court may allow you to post a divorce notice in the newspaper.  There will be a time frame in which the spouse can respond to this notice, and if nothing happens, the person filing can move ahead with a divorce.

This probably is not the easiest way to get a divorce, there are many hoops to jump through, but it is possible. It all depends on your state.

If you find your spouse, you will have to file for divorce through usual channels, not through publication.  The lady I was chatting with knew where her husband was, so based on my reading, she would not be able to file for "Divorce Through Publication."

I hope this gives you a better understanding of the meaning of  Divorce Through Publication.

KathieyV