Divorce is a decree that can only be made by a court. There's no way to get divorced simply by running an ad in the newspaper. But sometimes, in situations where a person cannot locate his spouse, courts will allow a process called "divorce by publication." The name is a little deceptive because the publication does not actually create the divorce. Instead, it is a substitute for service of the divorce petition and allows the court to enter a default against the missing spouse.
Instructions
- 1
File s divorce petition. All divorces begin with the filing of a petition. This is usually a form that's available at your local state courthouse. The form is filed with the clerk of the family law division and a small filing fee must be paid.
2Attempt service of process. Before you can proceed with divorce by publication, you'll most likely have to attempt normal service of process. This means hiring the sheriff or a private process server to deliver a copy of the divorce petition, plus a court summons, to the last known address of your spouse.
3Request service by publication. To be effective, you'll have to get permission from the court to proceed with service by publication. This is done by submitting a form to the court making the request. If granted, the court will specify the duration the ad must run and the number and type of newspapers in which it must be run.
4Run your ad. Service by publication usually lasts anywhere from two to six weeks or more. The ad is usually placed in at least one newspaper of general circulation in the county in which the divorce is filed. The ad must provide enough information to alert the spouse of the divorce proceeding and allow them to respond.