How can I divorce a deported spouse, who I do not have any contact with?

Asked over 1 year ago - Bend, OR

I got married in 2009, and we have no children or any real property. My spouse was deported in 2010 and I no longer have contact with him or know of his where abouts. I live in Oregon. Is there a special procedure to this matter?

Attorney answers (3)

  1. Howard M Lewis

    Pro

    Contributor Level 20

    3

    Lawyers agree

    9

    Answered . You will need to proceed through the courts. The court will provide you with specifics as to the type of notice you need to provide to your spouse (for example, notice by publication) regarding your filing for divorce. In answer to your question, you will be able to obtain a divorce, but it may take a little longer to accomplish the process given the fact that your spouse's whereabouts are unknown. Good luck.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Jay Bodzin

    Contributor Level 20

    2

    Lawyers agree

    Answered . In order to divorce someone, you need to file a petition with the court, and serve it upon them. If you don't know where they are, that's obviously difficult. In such a case, the court may allow you to serve the other party by publication. This is how it works:

    You must first make reasonable efforts to find them by other means - contacting relatives or old friends, anything you can do. Document your efforts. When that doesn't work, you file a motion with the court allow alternative service. You'll have to show that you tried everything else first - this is why you'll be keeping track of other attempts, so you can tell a judge that you did it.

    If the court allows it, then you'll take out an advertisement in the back of a newspaper in the last area you lived in together (or, if you know it, in the area that they live in now). Once the advertisement runs for a month, they'll be deemed to have been served. If they don't file a reply within another month (as they almost certainly won't - I mean, who reads the back ads in newspapers for divorce announcements?), then you can get a default judgment, and you'll be divorced.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  3. Diane L Gruber

    Pro

    Contributor Level 18

    Answered . Even though you are in Bend and I am in West Linn, give me a call. I can help you with this.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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