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707 - What if I Can't Find My Spouse?If you don't know where your spouse is, you can still get a divorce. It will just take a little longer than an uncontested divorce. What you'll have to do is to get service of process on your spouse using a technical provision of the Alabama Rules of Civil Procedure that allows service by publication. I don’t provide this service, but most any other lawyer who does divorce work would be happy to work with you on it. It's best to find a lawyer who is familiar with the customs and procedures in the county where you live, because that's probably where you will need to file. There are some limitations on what you can accomplish when you get service of process by publication. You can get the court to award custody of a child, for example, but the court typically will not order child support to be paid by an absent parent. Also, the court typically won't order the transfer of any property when the defendant is served by publication. That will just have to wait until you can find them and get actual personal service of process on them. Alabama Family Law Center serves clients who need to get through divorce and who are able to be reasonably cooperative. The goal is for both spouses to survive divorce and move on with their lives with some money in their pockets and their dignity intact. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. If you'd like to make an appointment with me, call 205-979-6960. Or you can click here to return to the Divorce Line. |
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