Can I Divorce My Spouse in Tennessee if I Can’t Locate Them?

Getting divorced is never fun. The process is often dramatic, emotionally draining, and overwhelming. It can be even more complex when one spouse cannot be found. Whether you have been separated for years or your spouse simply abandoned you, being unable to find and communicate with your spouse can throw a wrench in the divorce process. However, you have legal options available to you. If you have questions regarding how to proceed when you can’t locate your spouse, reach out to a knowledgeable Shelby County, Tennessee divorce lawyer today.

Can I Divorce My Spouse in TN if I Can’t Locate Them?

There are important steps to follow when seeking a divorce in Tennessee. First, you must ensure that you meet the residency requirements, which you will as long as you have been a resident of the state for at least 6 months or if the reason for your divorce happened while you were a resident of the state. You must also have valid grounds for divorce, whether fault-based or no-fault.

After determining that you are eligible for a Tennessee divorce, you must file a petition for divorce and summons with the local court and serve these documents to your spouse. The papers generally must be served either in person or through the mail, and your spouse is required to file an official response within 30 days. But what if you cannot serve your spouse because you cannot locate them?

The good news is that even if you can’t find or contact your spouse, you can still secure a divorce in Tennessee. However, the process is much more complex.

How Can I Divorce My Missing Spouse?

If you are unable to find your spouse, you may question whether it limits your rights and options regarding divorce. However, even if you cannot locate them, the court can proceed with your case and grant you a default divorce.

If you can prove to the court that you have made a genuine and concerted effort to locate your spouse but have been unsuccessful, they can grant you a divorce by publication. Through this process, you must post notice of your intent to divorce your spouse in a newspaper approved by the court, generally one local to your spouse’s last known address.

You must publish the notice for four consecutive weeks. If your spouse does not respond within this time period, the court has the authority to grant a default judgment. This generally means that the relief you requested regarding property division, alimony, child custody, and child support will likely be granted. The judge can hold a hearing to determine how to handle these issues, especially since the other spouse’s financial situation is typically important in the calculations.

Being unable to locate your spouse can be frustrating and derail the divorce process, so it is important to understand your rights. To learn more and secure skilled representation, reach out to an experienced attorney today.