divorcing-person-lost

Can I Divorce My Ex if I Cannot Find Them?

The way a relationship ends can often be as unique as to how it started. Depending on the people and the situation, separated couples can remain friends. In other cases, both parties try to avoid one another and pretend that person no longer exists. Have you ever felt the uncomfortable feeling when you go out in public and accidentally run into your ex-partner?  

Any way you choose to handle your separation is more than acceptable, as long as you are safe and protecting your feelings. However, completely losing all communication and contact with your previous husband or wife can lead to some problems when it comes time to finalize a divorce.  

What if I Cannot Locate My Ex-Partner? 

It is far more common than you think that previously married individual’s split-up, but never officially file a divorce. The legal process behind ending a marriage is often intimidating, can bring up negative emotions, and can be expensive and exhausting. It makes sense that people would break up and forget to or put off legally ending a marriage through divorce. 

Eventually, one or both parties will want to marry their new partner but must end their previous marriage first. In some cases, their last husband or wife has moved to a different state or country and has virtually no contact with one another. If you are in this situation, the good news is that you can still achieve a divorce, but specific steps must be taken first.  

Putting in a Good Faith Effort to Find your Ex-Partner.

Regardless of how long ago the last time was you spoke or heard from your ex, you usually need to put forth an effort to locate them. 

You mustn’t try to contact an ex-spouse directly if you left because of abuse or danger. 

Please speak with your legal representative in these cases so that they can help you determine the best way to notify the other party of your intention to divorce. By law, the other party has to be notified of your choice to file a divorce.  

Alternative Methods to Find the Opposing Party. 

The above-mentioned situation has happened before. 

Accordingly, family courts have guidelines and methods that allow a divorce to occur, even if the other party cannot be found. Below are some solutions that will enable contact to be made or show that all efforts have been used to no resolve.  

  1. Skip Tracing – A company provides this service to locate someone to notice legal action or debt collection.  
  2. Using a Process Server – Another resource uses a process service company to find your ex-partner and deliver the Notice of Divorce to them. 
  3. Reach out to employers, mutual friends, or family members who may have a better relationship with your previous husband or wife.  

If you find yourself in this situation, hopefully, this article gives you some hope. We invite you to contact the legal professionals at Burton Family Attorneys to learn more about how we can help you achieve a divorce in Utah.    

Disclaimer: Using this site or communicating with Burton Family Attorneys through this site does not form an attorney/client relationship. This site is legal advertising only. Do not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services providers. If you have any specific questions about any legal matter, you should consult your attorney or professional legal services, providers.