Can I Get a Divorce if My Spouse has Disappeared?

The quick answer is yes.  If your spouse is hiding to avoid being served with a Complaint for Divorce or you simply do not know where he/she is living, there is a process whereby your spouse can be served by publication.

A divorce case begins by filing a Complaint in the county where you reside.  The Circuit Clerk issues a summons to be served on the opposing party.  The Summons and Complaint for Divorce must be served on the opposing party within 120 days of the date the complaint is filed.  Service is the legal term for giving notice of the lawsuit.  If the 120-day deadline is not met, the Complaint must be dismissed.  So, time is of the essence.

Before a Warning Order is issued, the law requires that you must take steps to find your spouse.  In your Affidavit of Diligent Inquiry, you must lay out the steps you took to locate your spouse.  Your steps may include places you went (most recent known address, usual hangouts, place of employment), people you contacted (friends, family, social media search), and what you did or did not find out.  Once the Court finds that you have made a diligent inquiry and the whereabouts of your spouse are still unknown, the Clerk shall issue a Warning Order to be published in a newspaper of general circulation. 

You should ask the newspaper in the county where your case is filed, to publish (print) the Warning Order once a week for two (2) weeks.  The Warning Order along with the Complaint for Divorce must be mailed to your spouse at his or her last known address; the mailing should be by certified mail.   After the Warning Order has been in the newspaper for 2 weeks, ask the newspaper for a Proof of Publication.  The editor or business manager of the newspaper will prepare an Affidavit (sworn statement) with a copy of the published notice attached, stating the dates on which the notice appeared. 

Finally, you will need to file an Affidavit stating that 30 days have elapsed since the Warning Order was first published and since the certified letter with Warning Order and Complaint for Divorce were mailed to your spouse.  You are now ready to schedule a hearing and go to court.

If you or someone you know needs help with a divorce, we have resources available at https://a.arlawhelp.org/divorce-separation-annulment/divorce. If you need an attorney and live in Arkansas, you can visit https://lawyers.findlaw.com/lawyer/state/arkansas or if you choose the Center for Arkansas Legal Services, you can call us at 501-376-3423, Monday-Friday, 9 am-4 pm.

AUTHOR: JENNIFER STONE, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES