Hey guys! Navigating a divorce can be tough, but what happens when you can't find your spouse? Well, in Missouri, there's something called "divorce by publication." It's a legal process that allows you to proceed with a divorce even if you don't know where your spouse is. Let's dive into the nitty-gritty details, so you know exactly what it involves.

What is Divorce by Publication?

Divorce by publication, in simple terms, is a method of finalizing your divorce when you cannot locate your spouse to serve them with divorce papers. Imagine you've tried everything – hiring private investigators, contacting mutual friends, even scouring social media – and still, your spouse remains untraceable. The Missouri court system recognizes that you shouldn't be held hostage in a marriage simply because you can't find your partner. Instead, the law allows you to publish a notice in a newspaper, alerting your spouse about the divorce proceedings. If they don't respond within a specific timeframe, the court can grant you a divorce by default. This process ensures that you have a legal avenue to dissolve your marriage, even under challenging circumstances.

But hold on, it's not as simple as placing an ad in the local paper. There are specific requirements and procedures you must follow to ensure the divorce is legally sound. The courts want to be absolutely sure you've made a genuine effort to find your spouse before resorting to publication. This is to protect the rights of the missing spouse and to maintain the integrity of the legal process. So, before you start thinking about newspaper ads, let's explore the steps involved in detail.

First, you need to demonstrate to the court that you've made a diligent effort to locate your spouse. What exactly does "diligent effort" mean? It means you've gone above and beyond in your search. Think about it this way: you're presenting your case to the judge, and you need to convince them that you've left no stone unturned. This might include checking with relatives, friends, employers, and even utilizing online search tools. Document everything you do – keep records of phone calls, emails, letters, and any other attempts you've made. This documentation will be crucial when you file your motion with the court to request permission to serve by publication.

Steps to Take Before Publication

Before you can even think about publishing a notice, you've got to prove you've tried everything to find your spouse. This involves several key steps, and the court will want to see evidence of your efforts. This part is so crucial; it's the foundation upon which your request for divorce by publication rests. Miss a step, and the judge might send you back to square one.

1. Document Everything: Keep a detailed record of every attempt you make to locate your spouse. This includes dates, times, methods used (phone calls, emails, letters, visits), and the outcome of each attempt. The more thorough your documentation, the better.
2. Check with Relatives and Friends: Contact family members and mutual friends who might have information about your spouse's whereabouts. Even if they don't know their current location, they might have clues about where they were heading or people they might have contacted.
3. Contact Last Known Employers: Reach out to your spouse's last known employers. They might have forwarding addresses or contact information on file. HR departments can sometimes provide limited information, but it's worth a try.
4. Search Online Databases and Social Media: Use online search engines, people-finder websites, and social media platforms to search for your spouse. Facebook, LinkedIn, and other platforms might reveal their current location or recent activity. It may also be helpful to search public records online, which can often reveal addresses or other contact information.
5. Hire a Private Investigator (Optional but Recommended): Consider hiring a private investigator to conduct a more thorough search. They have access to resources and techniques that are not available to the general public. While this can be an added expense, the investigator's report can provide strong evidence of your diligent efforts to locate your spouse.
6. Check with the Post Office: Inquire at the local post office for any forwarding address that may be on file for your spouse. Sometimes people forget to notify everyone of a change of address, but the post office may have record of it.

After completing these steps, compile all your documentation and prepare an affidavit outlining the efforts you've made to locate your spouse. This affidavit will be submitted to the court as part of your motion for service by publication. The more compelling your evidence, the greater the likelihood the court will grant your request.

Filing a Motion for Service by Publication

Okay, you've done your homework and gathered all your evidence. Now it's time to get the court involved. You'll need to file a motion for service by publication. This is a formal request to the court, asking for permission to notify your spouse about the divorce through a published notice. The motion should include a detailed explanation of the steps you've taken to locate your spouse, along with all supporting documentation.

The court will review your motion and the evidence you've provided. If the judge is satisfied that you've made a diligent effort to find your spouse, they will grant your request. The court order will specify the newspaper in which the notice must be published and the number of times it must be published. Typically, the notice must run for several consecutive weeks to ensure that your spouse has a reasonable opportunity to see it.

Here's what you typically need to include in your motion:

• Case Information: The case name and number, clearly identifying the divorce proceeding.
• Statement of Diligence: A detailed account of all the steps you've taken to locate your spouse, including dates, methods, and results. Be specific and thorough.
• Supporting Documentation: Attach all relevant documents, such as copies of letters, emails, search results, and the private investigator's report (if applicable).
• Affidavit: A sworn statement attesting to the truthfulness of the information presented in the motion.
• Proposed Order: A draft order for the judge to sign, granting your request for service by publication. This should include the name of the newspaper and the number of publications required.

It's highly recommended that you seek the assistance of an attorney when preparing and filing a motion for service by publication. An attorney can ensure that your motion is properly drafted, that all necessary information is included, and that you comply with all applicable rules and procedures. This will increase the likelihood that your motion will be granted and that your divorce will proceed smoothly.

Publishing the Notice

Alright, the judge has given you the green light! Now comes the publication part. You'll need to work with the newspaper specified in the court order to publish a notice about your divorce. This notice will contain key information about the case, including the names of the parties involved, the court where the case is pending, and a deadline for your spouse to respond.

The content of the notice is usually dictated by the court and must adhere to specific legal requirements. It's essential to ensure that the notice is accurate and complete. Any errors or omissions could invalidate the publication and require you to start the process all over again. Typically, the notice will include the following:

• Case Name and Number: Clearly identify the divorce proceeding.
• Names of the Parties: Include your name and your spouse's name.
• Court Information: State the name and address of the court where the case is pending.
• Nature of the Action: Briefly describe the purpose of the lawsuit (i.e., a divorce action).
• Deadline to Respond: Specify the date by which your spouse must file a response with the court.
• Statement of Default: Warn your spouse that if they fail to respond by the deadline, a default judgment may be entered against them.

After the notice has been published for the required number of times, the newspaper will provide you with an affidavit of publication. This document serves as proof that the notice was published in accordance with the court order. You'll need to file the affidavit of publication with the court to complete the service requirements.

The cost of publishing the notice can vary depending on the newspaper and the length of the notice. Be sure to inquire about the publication fees upfront so you can budget accordingly. Some newspapers may offer discounts for legal notices, so it's worth asking about available options.

Default Judgment

Okay, so the notice has been published, and the deadline for your spouse to respond has passed. If your spouse doesn't file an answer or appear in court, you can request a default judgment. This means the court can grant you a divorce without your spouse's participation. The judge will review the evidence you've presented and make decisions about property division, child custody, and other relevant issues.

To obtain a default judgment, you'll need to file a motion for default judgment with the court. This motion informs the court that your spouse has failed to respond to the lawsuit and requests that the court enter a judgment in your favor. You'll also need to provide evidence that your spouse was properly served with notice of the lawsuit, which includes the affidavit of publication from the newspaper.

At the default hearing, you'll have the opportunity to present evidence and testimony to support your requests regarding property division, child custody, and other matters. The judge will consider your evidence and make decisions based on the best interests of the parties involved. It's important to be prepared to present a clear and compelling case to the court.

Even though your spouse is not present, the court still has a responsibility to ensure that the judgment is fair and equitable. The judge may ask you questions about your finances, your assets, and your relationship with your children. Be honest and forthcoming in your responses, and provide any documentation that the court requests.

Once the judge is satisfied that you've met all the requirements, they will enter a default judgment, finalizing your divorce. The judgment will outline the terms of your divorce, including property division, child custody, child support, and any other relevant orders.

Final Thoughts

Divorce by publication in Missouri can be a complex process, but it's a necessary option when you can't locate your spouse. Remember, documenting everything is key, and don't hesitate to seek legal advice. An experienced attorney can guide you through each step and ensure that your rights are protected. Good luck, and remember, you've got this!

Disclaimer: This article is for informational purposes only and does not constitute legal advice. You should consult with an attorney to discuss your specific situation.