What is the easiest way to go about a divorce of someone I have not seen in almost 15 years who is homeless and in and out of jail? We were married in Las Vegas and lived in Missouri but I have lived in MA for 5 years. I don’t know where my spouse is but I do see them in and out of the online court systems. They are on drugs, abusive and dangerous. Is there a way to go about this with minimal contact? We don’t share children or any property/valuables but if they know where I am I am almost certain that they will try everything they can to make my life miserable.
You might be able to file on grounds of abandonment. If it has been 15 years, you will likely have a good case. Talk to a lawyer.
I did this! My lawyer had the papers sent to a known relative’s address and published in media in his last known city.
Please get a lawyer to file everything for you. Block anyone who does not support you in this.
You can file a divorce listing your spouse’s whereabouts as unknown and file a motion for alternative service/service by publication. The motion will require you to outline your efforts to locate the person. The court will give you instructions on how to serve the person, which will likely be publishing in a newspaper in MO because it sounds like it’s their last known location. You should search social media and try any known email addresses and/or phone numbers, as well as attempt reaching out to any people in common so you can explain to the court everything you’ve tried. Once you publish in the newspaper, you provide the court with proof. The court will schedule a pretrial conference once they have proof of service. You need to show up to the court date and if your ex hasn’t responded or doesn’t show up, the court can enter a default judgment granting you the divorce. The judgment won’t divide any property or anything and that part of the claim remains open in the future but you at least won’t be married anymore.
Oh PS—don’t get upset with registry staff if they can’t fully answer all your questions. They have one of the worst jobs and they’re not allowed to give you legal advice.
My brother had a similar problem years ago. He ended up filing under abandonment in MA.
Contact a local attorney and find out about public notice for divorces where you live.
Check to see if there is a clause where you can post an ad in a paper stating that you are seeking a divorce. If they do allow this, the courts will have the requirements.
Imagine if someone saw these ads and wrote in just to mess with people.
I don’t think a judge would care about letters from randoms.
You will need to know your local court rules for using a PO box or address service, but usually with no kids you should be able to file without using your home address or phone number but instead using a forwarding service. If I had a client who had those concerns I would just put c/o and my office address anywhere they wanted contact information.