I have not seen/heard from my spouse in over 4 years. The last known address I have for him is MY home that we lived in together, and I still currently reside in.
I know I need to send a registered letter to his last known address, but that's the only one I have. What should I do? Is this acceptable, as last known address?
Although you are unsure as to where your spouse is currently living, you can absolutely still file a complaint for divorce. You will need to serve your spouse via publication in a local newspaper. You will need to file a Motion for Alternate Service along with your complaint. You will then receive a summons which you will need to mail to the chosen newspaper. You will need to pay a publication fee. Once the newspaper publishes notice, it will send you the clippings and you'll need to send that to the court as proof of service.
I recommend speaking with a family law attorney to discuss your rights.
For maybe about $50 or so, a private investigator can do a computer search and obtain what the records show to be the most recent address. You could then make service on that address. If the service comes back, take the returned document and your investigator's report to the court and ask for an order to do service by publication.
E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.
You would be wise to get permission from the judge to give notice by publication in a local newspaper. It may be the best you can do.
Advice provided is of a general nature to provide guidance. Divorce law is state specific. One should always check the laws in their home jurisdiction. An attorney-client relationship is not intended or established through provided responses.
You need to accomplish service by publication. File motion with court, have it heard by court for approval and have court issue citation permitting service by publishing in a designated newspaper. Good luck.
This answer does not consitute legal advice and does not create an attorney-client relationship. The answer is based only on the facts presented. This answer is basd only on Massachusetts law.
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