What if my spouse cannot be found or evades service of the divorce papers?
In that case the attorney would have to proceed with a divorce but attempt to serve the other party by a process called service by publication. That means that you are essentially publishing and providing public notice of your intent to seek a divorce. To serve by publication you have to receive permission from the court to serve the other spouse by publication. That involves demonstrating to the court that you have exhausted reasonable good faith efforts to reach the other party to no avail and need to file for divorce by publication. Once you receive permission, your attorney would then actually go through the process of publishing service and then wait for a period of time for the other to answer. If they do not answer, then it becomes a default situation and your attorney could then proceed with the divorce.
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