Missing Spouse? Here’s How You Can Still Get Divorced

Yes, you can legally divorce a spouse you cannot find. The process is called divorce by publication or service by publication, and it’s available in all 50 US states. You’ll need to prove you made reasonable efforts to locate your spouse, get court approval, then publish a legal notice in an approved newspaper. Your first step: document every attempt to find your spouse before filing for divorce.

Can You Divorce a Spouse You Can’t Find?

Courts allow divorce proceedings when one spouse has disappeared, abandoned the marriage, or cannot be located after genuine search efforts. The legal system recognizes you shouldn’t remain married indefinitely because your spouse vanished.

Every state permits divorce by publication, though requirements differ. You cannot simply claim you don’t know where your spouse lives. Courts require proof you exhausted reasonable methods to locate them before granting permission to proceed.

What Is Divorce by Publication?

Divorce by publication legally notifies an absent spouse about divorce proceedings through newspaper advertisements rather than personal delivery of court papers. After you prove you cannot find your spouse, a judge authorizes publishing a legal notice that serves as official notification.

The process ends in a default divorce when your spouse doesn’t respond. The court can finalize your divorce without their participation or signature.

Do You Qualify for Divorce by Publication?

You qualify when:

• Your spouse’s current location is genuinely unknown
• You’ve made diligent efforts to locate them
• Traditional service methods (personal delivery, certified mail) have failed
• You can document your search attempts
• A judge determines your search was adequate

You cannot use this method simply because your spouse refuses to sign papers or you want to avoid contacting them. Courts protect the absent spouse’s rights by requiring proof they truly cannot be found.

The Diligent Search Requirement: Proof You Must Provide

Before courts approve publication, you must demonstrate you made genuine efforts to locate your spouse. Courts typically require you to contact your spouse’s friends and family, check with previous landlords and employers, search public records, and mail letters to the last known address.

Required search steps usually include:

• Mailing certified letters to last known address with return receipt requested
• Contacting relatives, friends, and known associates
• Checking with last known employer
• Searching Department of Motor Vehicles records
• Checking property tax and assessor records
• Searching telephone directories and online people finders
• Checking Department of Corrections databases
• Searching military locator services
• Reviewing social media platforms
• Checking professional licensing boards or unions

Florida courts specifically require searches through the US Post Office, internet searches, DMV records, Department of Corrections databases, and letters to the Armed Forces. Georgia requires checking telephone directories, asking friends and relatives, checking the post office for forwarding addresses, and contacting the tax collector and property assessor.

You must keep proof of every search attempt: certified mail receipts, returned letters marked undeliverable, printouts from online searches, written responses from agencies, and records of phone calls made.

Step-by-Step: How to File for Divorce by Publication

Step 1: Conduct Your Diligent Search

Before filing anything, thoroughly search for your spouse using all available resources. Document everything in writing with dates, contacts, and results. Save all physical evidence.

Step 2: File Your Divorce Petition

File standard divorce papers with your local family court, including the petition or complaint for divorce, any required financial disclosures, and preliminary declarations about children or property. Pay the filing fee, which ranges from $50 in Mississippi to $435 in California depending on your county.

Step 3: Attempt Traditional Service

Most courts require you first attempt to serve papers at your spouse’s last known address, even if you believe they no longer live there.

Step 4: File Motion for Service by Publication

When traditional service fails, file a motion or application requesting court permission to serve by publication. Attach your Affidavit of Diligent Search detailing every attempt to locate your spouse. Include all supporting documentation: returned mail, search results, agency responses, and receipts.

Step 5: Attend Court Hearing (If Required)

Some jurisdictions require a hearing where you explain your search efforts to a judge. Others review your affidavit without a hearing. The judge evaluates whether your search was adequate.

Step 6: Receive Order of Publication

If the court approves, the judge signs an Order of Publication specifying which newspaper to use, how many times to publish the notice, and the publication schedule. You typically must publish within 30 days of receiving the order.

Step 7: Publish the Legal Notice

Contact the court-approved newspaper and arrange publication. The notice typically runs once per week for four consecutive weeks. The newspaper publishes your notice in the legal advertisements section.

Step 8: File Proof of Publication

After the final publication, the newspaper provides an Affidavit of Publication. File this with the court as proof you completed the publication requirement.

Step 9: Wait for Response Period

State laws require your spouse have adequate time to respond after publication, usually a couple of months total. Your spouse might have 30-60 days after the final publication to file a response.

Step 10: Request Default Judgment

When the response period expires with no answer from your spouse, file a Request for Entry of Default and submit your proposed divorce judgment. Some states require a final hearing even for default cases.

Step 11: Attend Final Hearing (If Required)

Texas and some other states don’t allow “true” default divorces, requiring you to present evidence at a court hearing proving your requests are fair. Bring documentation supporting property division, custody arrangements, and support requests.

Step 12: Receive Final Divorce Decree

The judge signs your final divorce decree, officially ending your marriage. The decree becomes effective on the date specified by the court.

Publication Requirements: Where and How Long

Approved Newspapers

Courts designate specific newspapers as “legal newspapers” or “newspapers of general circulation” authorized to publish legal notices. You cannot choose just any publication. The court typically orders publication in the county where you filed the divorce.

The newspaper must:

• Publish regularly in your jurisdiction
• Be approved by the court for legal notices
• Circulate in the area where your spouse was last known to reside
• Meet state requirements for legal publication

Publication Schedule

Georgia requires publication four times within 60 days, with at least seven days between each publication. California requires publication once per week for four consecutive weeks, then a 30-day waiting period after the final publication.

Most states require:

• 3-4 publications total
• Weekly publication intervals
• Consecutive weeks without gaps
• Publication in both English and Spanish in some jurisdictions

Notice Content

The published notice includes:

• Your name and your spouse’s name
• Case number
• Court where divorce was filed
• Statement that divorce action has been filed
• Deadline for your spouse to respond
• Consequences of not responding
• Your attorney’s name (if represented) or your contact information

Timeline: How Long Does It Take?

Divorce by publication takes significantly longer than standard divorce.

Total Timeline: 3-12 months from start to finish

Breakdown by stage:

• Diligent search: 2-8 weeks before filing
• Filing to court approval: 2-6 weeks
• Filing to publication approval in New York: 120-day waiting period during which you conduct your diligent search
• Publication period: 4 weeks
• Waiting period after publication (California): 59 days total, including 28 days of publication plus 31 days after
• Waiting period after publication (Tennessee): 30 days
• Default judgment processing: 2-4 weeks
• Final hearing to decree: 1-4 weeks

Georgia divorces by publication typically take three to four months from start to finish. New York City and Nassau County divorces by publication may take one to two years to complete.

State-specific waiting periods:

Standard divorce waiting periods still apply. California has a six-month waiting period from service, Colorado requires 91 days after filing, and Arizona requires 60 days after filing.

Costs: What You’ll Pay

Divorce by publication costs more than traditional divorce due to additional requirements.

Filing Fees: $50-$435

Court filing fees vary by state and county. Fees range from $50 in Mississippi to $435 in California. Most counties charge $200-$350 for divorce filing.

Publication Fees: $80-$600+

Newspaper publication fees range from $50 to $500 or more depending on the newspaper’s rates and your location. In Los Angeles County, publication costs approximately $600 or more. Publication fees can range from $1,500 to $8,000 for lengthy legal notices published three times.

Georgia publication fees normally range from $80 to $100, depending on the county and newspaper.

Search Costs: $0-$100

Professional search services typically cost around $100. Many searches you can conduct yourself at no cost through free public records and online databases.

Attorney Fees: $1,500-$5,000+

Attorney fees for handling divorce by publication range from $1,500 to $5,000 in most states. In Georgia’s Camden County, attorneys charge approximately $600-$700 for publication divorces. Complex cases with property or custody issues cost more.

Additional Costs:

• Process server for initial service attempt: $50-$150
• Certified mail: $10-$30
• Court-appointed attorney ad litem (if required): $500-$2,000
• Copies and administrative fees: $20-$100

Total Expected Cost: $350-$2,000 without attorney, $2,000-$7,000 with attorney

In Georgia, average total costs for divorce by publication range from $350 to slightly above $1,000 without an attorney.

Fee Waivers

Low-income individuals may qualify for court fee waivers or reductions. Most courts cannot waive newspaper publication fees since newspapers are private businesses.

Property Division and Custody When Spouse Is Missing

Courts can grant divorces through publication, but their authority over property and custody has important limitations.

What Courts Can Decide

• Terminate the marriage legally
• Grant sole custody to the filing parent
• Order child support (though collection may be impossible)
• Divide property titled in your name
• Assign responsibility for debts

Court Limitations

Courts cannot always rule on financial matters without the absent spouse’s personal involvement, as property division, spousal support, and child support generally require personal jurisdiction over both parties.

Georgia courts can grant divorce by publication but cannot make decisions regarding child custody, child support, or division of property if served only by publication.

Even without your spouse’s participation, courts can enter orders regarding property division, division of assets and debts, and orders affecting children including custody, visitation, and child support. State laws vary on what courts can decide without personal service.

Custody Considerations

Courts can make custody and support orders when your spouse is served by publication, though if your spouse cannot be found, they won’t know about the orders. Courts prioritize children’s best interests and typically grant custody to the present parent.

File detailed custody requests in your initial petition. Include proposed parenting schedules, decision-making authority, and support calculations. Courts may appoint a guardian ad litem to represent children’s interests.

Property Division Strategies

List all marital assets and debts in your petition. Courts divide only property you disclose. Be thorough and accurate.

California courts can only divide property and debts listed in your petition. If you don’t list an asset, you may need to amend your petition before the final hearing.

Document property values with appraisals, tax assessments, or account statements. Courts make equitable divisions based on available information when one spouse is absent.

Financial Protection

Close joint bank accounts and credit cards after filing to prevent your spouse from accessing funds or incurring new debt in your name. Open individual accounts. Document the values on the date you closed joint accounts.

Refinance mortgages and loans to remove your spouse’s name (if possible). This protects you from liability for future non-payment.

Finalizing Your Divorce

After the waiting period expires and your spouse hasn’t responded, you can finalize the divorce.

Submit Final Forms

File your Request for Entry of Default, proposed Judgment of Divorce, and all supporting forms. Include financial declarations, property declarations, custody orders, and support calculations.

Prove Up Hearing

Some states require a “prove up” hearing where you testify briefly about your marriage, grounds for divorce, and requested relief. Bring witnesses if needed to corroborate residency or other facts.

California requires you to wait 59 days from when the newspaper published papers before moving forward with default procedures.

Judge’s Review

The judge reviews your paperwork, verifies you followed all procedures correctly, and ensures your requests are fair and lawful. The judge signs your Final Decree of Divorce.

Effective Date

Your divorce becomes final on the date specified in the decree. California’s six-month waiting period means your divorce isn’t final until six months after service, even if the judge signed earlier.

Receiving Your Decree

The court mails your filed-stamped Final Decree of Divorce. Keep multiple certified copies for updating legal documents, financial accounts, and government records.

What If Your Spouse Appears Later?

Your spouse may challenge the default divorce if they later discover the proceedings.

Time Limits for Challenging

Most states allow absent spouses to request the court set aside (overturn) a default judgment within specific timeframes:

• If they didn’t receive proper notice: typically 1-2 years
• In Texas family cases, the absent parent has two years to ask for a new trial
• If fraud or misconduct occurred: varies by state

Grounds for Setting Aside

Courts may set aside default judgments if your spouse proves:

• You didn’t conduct an adequate diligent search
• The court lacked jurisdiction
• You committed fraud in the proceedings
• They didn’t receive proper notice despite your compliance
• Exceptional circumstances prevented their response

Protection Against Reversal

If the other parent can show you didn’t look hard enough before serving by publication, they may get a new trial regardless of time passed.

Thorough documentation protects you. Keep detailed records of your search efforts, court filings, publication proofs, and all correspondence. Courts rarely overturn divorces when proper procedures were followed.

Limited Remedies

Even if the divorce is set aside, courts often limit remedies to financial matters. The marriage termination itself may remain valid while property division or support issues are reopened.

Frequently Asked Questions

Can I get divorced if my spouse disappeared years ago?

Yes. Courts require you demonstrate diligent efforts to locate your spouse before proceeding, but you can file regardless of how long they’ve been gone. Document when you last had contact and what efforts you’ve made since.

Do I need a lawyer for divorce by publication?

Not required, but highly recommended. Publication divorce involves complicated procedures and strict requirements. Mistakes can cause delays or denials. Lawyers know local court requirements and can ensure compliance.

How much does divorce by publication cost without a lawyer?

Expect to pay $350-$2,000 total for filing fees, publication costs, and miscellaneous expenses. Costs vary significantly by location and newspaper rates.

Can I remarry after divorce by publication?

Yes, once your Final Decree of Divorce is signed and effective. Check your state’s waiting periods, as some states prohibit remarriage for set periods after divorce.

What happens to our house if I divorce by publication?

Courts can divide property listed in your divorce petition, but your spouse’s name may remain on the title and mortgage unless you refinance or complete a quit claim deed. Financial judgments against absent spouses are difficult to enforce.

Will my spouse know about the divorce?

Only if they or someone they know sees the published notice. It’s very unlikely your spouse will see the notice, but legal requirements are satisfied once publication is complete.

Can my spouse stop the divorce if they respond during the waiting period?

Yes. If your spouse files a response before the deadline, the divorce becomes contested. You’ll proceed through normal divorce procedures with both parties participating. They cannot stop the divorce entirely but can contest the terms.

For complex situations involving significant assets, child custody disputes, or interstate issues, consult a family law attorney in your jurisdiction. Most offer free initial consultations.

Every divorce by publication case is unique. This guide provides general information, but specific procedures vary by state and county. Contact your local family court clerk for jurisdiction-specific requirements and forms.

About the Author

Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
Read more about Sarah