Uncontested Divorce by Publication (Missing Spouse)
This is a method of last resort. If you do not know where your spouse lives or works, and you cannot find that information out, divorce by publication will be your only choice of service. You must prove to the Court that you have tried to locate your spouse and cannot find him/her. Using service by publication places special limitations on your divorce case, because the Court will not have “personal jurisdiction” over the Defendant. You will not be able to get certain kinds of relief, such as child support and alimony, as part of the divorce. However, if the Defendant later acknowledges service, gets served by the sheriff, or files an Answer to the divorce, then your case will no longer be limited by the restrictions that apply to publication cases.
With uncontested divorces by publication, we provide two options:
Option 1: DOCUMENT PREPARATION (Pro Se Representation) – $500.00
You can proceed with your case PRO SE, and represent yourself in court. We will prepare the documents you need to get your divorce, and give you detailed instructions on how to proceed. You will file the documents in court, and appear before the court pro se to finalize your divorce. We will be available throughout your divorce for consultation until the end.
Option 2: ATTORNEY REPRESENTATION – $750.00
We will prepare your paperwork, file your divorce, AND appear with you in court to finalize your divorce. We will be available throughout your divorce for consultation until the end.
In a typical divorce by publication, we prepare the following documents:
- Petition for Divorce
- Financial Affidavit (if required)
- Affidavit of Due Diligent Search
- Notice of Publication
- Order of Publication, Return of Service, and Order Perfecting Service
- Child Support Worksheet (if required)
- Report of Divorce, Annulment or Dissolution of Marriage
- Domestic Relations Case Filing Information Form
- Domestic Relations Case Final Disposition Information Form