What can I do if my wife and I have been seperated for about 7 years and I have filed for divorce but she has refused to sign?
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What can I do if my wife and I have been seperated for about 7 years and I have filed for divorce but she has refused to sign?
What can I do to legally get a divorce without her signing? I currently don’t know where she is or where she resides.
Asked on January 6, 2016 under Family Law, Mississippi
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
All parties to a legal action must be given notice of the proceedings. In a case such as this, your spouse can be served the divorce complaint by what is called "notice by publication". This is a mechanism used when a respondent-spouse (i.e. your wife) cannot be located by the petitioner-spouse (i.e. you) as oppossed to the usual personal service.
In most statess, to obtain a divorce by publication, you'll need to perform a diligent and documented search for your missing wife in the same general location of where she was last known to live. If you fail to locate her, you can then ask to the judge to issue an order of publication. If the order is granted, a legal notice is sent to all of the newspapers provided to you by the court. Typically, this notice must be published within 30-60 days after being issued for about once a week for the next several weeks. If there is no response from your wife within the allowed time period, you can obtain what is known as a divorce "by default". In most states it takes 3-6 months before your divorce will be final.
For further information, you should consult directly with a local attorney in your area. They can best advise you as to specific state law.
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