Filing for divorce when your spouse can’t be found
What do you do when you want to file for divorce, but you don’t know where your spouse is? Massachusetts is a little different from other states. If you don’t know where your spouse is your lawyer is going to file a Motion for Alternate Service. This motion contains information like where you were married and the address where your spouse last resided. Some states require a search to locate the missing spouse. This can be a very stressful and prolonged period of time. Luckily, Massachusetts does not require an exhaustive search. After the motion is filed your lawyer will obtain a divorce summons and a legal notice from the clerk of courts. This notice must be sent to a newspaper (chosen by the court) and published once a week for three weeks. A copy is also mailed, by certified mail, to the last known residence of your spouse.
Have questions? Learn more at http://www.3stepdivorce.com/missingspouse/massachusetts.shtml or http://www.mass.gov/courts/selfhelp/family/divorce.html or call the office today!
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