What if Your Spouse is Missing?

If you want to be divorced, you have a right to be, even if your spouse has disappeared.  There is a detailed legal process involved when a spouse is missing, but ultimately what your Cook & Cook Lawyer will obtain for you is a default judgement divorce.

Several steps will have to be followed carefully to ensure that the Court will ultimately agree to grant your divorce.

We have to show a good faith, diligent effort to find your spouse.  If you have a last known address of your spouse, we are going to need to hire a process server to see if your spouse still resides there.

We are going to check yellow pages, people search tools and facebook for your spouse.

We are going to check obituaries, jail records, and contact employers, family and friends of your spouse, when possible.

If we do not succeed in finding your spouse, we will post notice of your divorce on the courthouse door.

If we do succeed in finding your spouse, we will have them served.

As long as your spouse does not file an answer to your divorce case, we still consider your case an uncontested divorce, which you can file with Cook & Cook using this link.

However, if your spouse is located during our search, and ultimately decides to fight you on the terms of your divorce, then your case will be considered a contested divorce which will fall outside the purview of our simple divorce contract.

So, it is best from the outset to make a good faith effort to find your spouse, tell them about your divorce ,and see if they are willing to sign your papers, or whether they will want to fight with you about something in your divorce.

Note, if you have children or real estate with your spouse, who is now missing, the Court will not grant your divorce unless we hire an ad litem attorney to represent your spouse in his/her absence.

The Cook & Cook Law Firm has represented individuals whose spouses have abandoned them and left to mexico, the United Arab Emirates, central america and other countries.  Megan Cook can lead the way through your divorce, and will work diligently to the end for you.

Going Through a Divorce By Yourself