I want a divorce but I don't know where my spouse is.
You may file a divorce by publication. I am sorry you are gotng throught this during the holidays and I hope things work out. This should not be a complicated nor an expensive matter. Take care.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
You can file for divorce at your local Probate and Family Court. You will be filing under MGL § 1B (contested divorce). The court clerk can provide you with the necessary forms and you can obtain guidance form the lawyer for a day program if you need help. You’ll need a copy of your marriage certificate and $220.00 for the filing fee. If you can’t afford the fee ask for an affidavit of indigency — the fee may be waived.
Once you have filed you can give notice to your missing wife by publication and proceed with or with out her.
This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.
Family Law Attorney
As my colleague stated, you can have a divorce by publication. After that, if your spouse is still missing or hiding, you will be able to have your divorce completed without the presence of your spouse.
I do not know how long you have been looking for your spouse or what methods you have used, but if you have only been looking for your spouse for a short amount of time, I would first continue to try to locate your spouse.
Either way, if you wish to get divorced, it will happen and if you need help seek the help of a good family attorney.
The content of this answer should not be relied upon or used as a subsitute for consultation with professional advisors and it should be clearly understood that no attorney-client privilege has been created. A more complete answer and/or more accurate answer can only be provided in a more thorough examination of the facts in a consultation with my firm.
There is more than one way to locate your spouse. There are data bases which can be tapped to locate your spouse.
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