BLANK

Tag: URCP 4(b)(5)(A) and (B)

How difficult is it to get a divorce from a spouse who has disappeared?

How difficult is it to get a divorce from a spouse who disappeared +10 years back? No note, no trace, no explanation. If you urgently need to remarry, what processes would one need to prepare for? 

I can’t speak for all jurisdictions, but in Utah (where I practice divorce law), the answer to your question would be: 

  1. It does not matter whether you can find your spouse to serve him/her in person with a summons and complaint for divorce. Why?
  2. Because the law anticipated situations where a potential defendant in a lawsuit might try to hide and avoid service of process in the hope that “If you can’t serve me with the summons and complaint, then you can’t sue me!” How?
  3. By making provision for serving someone who is hiding or avoiding service: 

 Utah Rules of Civil Procedure, Rule 4(b)(5)(A) and (B): 

(A) If the identity or whereabouts of the person to be served are unknown and cannot be ascertained through reasonable diligence, if service upon all of the individual parties is impracticable under the circumstances, or if there is good cause to believe that the person to be served is avoiding service, the party seeking service may file a motion to allow service by some other means. An affidavit or declaration supporting the motion must set forth the efforts made to identify, locate, and serve the party, or the circumstances that make it impracticable to serve all of the individual parties. 

(B) If the motion is granted, the court will order service of the complaint and summons by means reasonably calculated, under all the circumstances, to apprise the named parties of the action. The court’s order must specify the content of the process to be served and the event upon which service is complete. Unless service is by publication, a copy of the court’s order must be served with the process specified by the court. 

This means that you could obtain leave from the court to serve your spouse by a certified mailing of the summons and complaint to your spouse’s last known address, or by a having a copy of the summons and complaint delivered by FedEx or UPS to your spouse’s last known address, or by emailing a copy of the summons and complaint to your spouse’s last known e-mail address, or by sending an instant message or text message to your spouse notifying him/her that a divorce action has been filed in court against him/her and directing him/her to obtain and review a copy that is in file with the court, or (although this happens a lot less), publishing the summons in a newspaper of general circulation in the county in which publication is required. 

4. After your hiding/disappeared spouse has been served by one of the alternate means provided in Rule 4(d), if your spouse does not file a responsive pleading within the time given to do so, then you can apply for entry of your spouse’s default and request entry of default judgment against your absentee spouse.  

Utah Family Law, LC | divorceutah.com | 801-466-9277 

https://www.quora.com/How-difficult-is-it-to-get-a-divorce-from-a-spouse-who-disappeared-10-years-back-No-note-no-trace-no-explanation-If-you-urgently-need-to-remarry-what-processes-would-one-need-to-prepare-for/answer/Eric-Johnson-311  

 

Tags: , , , , , , ,
Click to listen highlighted text!