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Can you divorce a spouse you can’t find? 

On Behalf of | Sep 27, 2021 | Divorce |

Your spouse abandoned your family. They left a year ago. You held out hope that they would come back, but they haven’t. 

Now you want to get a divorce and move on with your life. You haven’t felt married in a year, of course, but you want to make sure you aren’t legally married. However, you cannot even contact your spouse and have no idea how to find them. Can you still get divorced?

A missing spouse won’t stop a divorce

Yes, you can get divorced, with or without your spouse’s interaction. It only takes one person to divorce, even though it takes two to get married. You can get the court to grant a default divorce, and it typically means you get to decide on all of the terms. You’ll get all assets and full custody of the kids, for instance. 

Remember, there are also spouses who refuse to respond to divorce petitions, perhaps thinking that not cooperating is a way to prevent the divorce. It is not. This can simply lead to a default divorce in the same way. Your spouse cannot prevent you from ending the marriage, not by ignoring the divorce petition or by leaving so that you have no way to tell them you want the divorce in the first place. 

The process can be more complicated

Of course, moving through a legal process with only one party can be more complicated in some ways — though it is often easier in others, as you don’t have to compromise. Just make sure you know precisely what steps to take to make your divorce process as simple as possible.

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