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View Full Version : Can you do a legal divorce in the newspaper if you don't know where the person is


misty1980
Mar 30, 2011, 09:52 PM

pc_lady
Apr 13, 2011, 07:57 PM
Depending on local laws; if you have filed properly for divorce and you cannot serve the papers on your soon to be ex, lawyers will use the newspaper to announce the divorce proceedings. This is just the opposite of what was called "reading the banns" or notice from the church the intent of two people to wed. However, you cannot get a divorce just from advertising in the papers. Your lawyer will bring the ads and any returned correspondence to court before a judge as proof that they have attempted to contact the other party. Good luck and hope things work out for you.

Fr_Chuck
Apr 13, 2011, 08:03 PM
You can not do a divorce in the news paper, if you really don't know where they are ( remember if you do know where they are at and lie, the divorce may be challenged))


But if the person can not be found, most US areas allow you to do notification by publication, but you will still have to go to court for the judge to rule. The publication makes the divorce much more costly

JudyKayTee
Apr 14, 2011, 12:39 PM
Depending on local laws; if you have filed properly for divorce and you cannot serve the papers on your soon to be ex, lawyers will use the newspaper to announce the divorce proceedings. This is just the opposite of what was called "reading the banns" or notice from the church the intent of two people to wed. However, you cannot get a divorce just from advertising in the papers. Your lawyer will bring the ads and any returned correspondence to court before a judge as proof that they have attempted to contact the other party. Good luck and hope things work out for you.


Again, I question your legal advice.

Local laws have nothing to do with this. It's State Law, Province Law, etc. It's not local.

You are completely incorrect about using a newspaper to announce a divorce. This has no similarity to posting banns.

The Attorney preparing the Summons and Complaint in the divorce will go before a Judge, explain that the address is unknown AND the services of a Private Investigator and other sources could not find a current address. If the Judge has no other suggestions a notice of the Summons/Divorce will be ordered published in a newspaper recognized by the Court (usually with a minimum subscriber level) a varying number of times. After a period predetermined by the Court if there is no response that is called Service by Publication and the divorce proceeds through the Court.

All avenues must be exhausted before service by publication is ordered.

I own and operate a process service company.

ScottGem
Apr 14, 2011, 04:39 PM
A divorce is a legal process. Only a court of law can grant a divorce, at least in most countries. However, as pointed out, you can use a newspaper ad in place of legal service.