This is the final post in a series of articles discussing filing for divorce when one cannot locate their spouse in Little Rock, Arkansas. The decision to end one’s marriage can be stressful, both financially and emotionally. This is particularly true if the location of one’s spouse is unknown. Whether someone has been abandoned or separated for a long period without any contact from their spouse, attempting to divorce someone who cannot be found can seem like a daunting task. While divorce by publication is a possibility in Little Rock, it is important to understand the process and laws that one must follow in pursuing this course. My office has experience dealing with such matters and is ready to assist you. Contact my office today to speak with an attorney.
This series addressed the following topics:
- The process of obtaining a divorce through publication
- How the court will typically rule on common divorce issues when a spouse cannot be located
- What happens when the absent spouse returns to challenge a default divorce judgment
If you cannot locate your spouse and wish to terminate your marriage, understanding these issues will help you navigate the process. First, Arkansas law establishes a process under which a spouse may serve the defendant by publication when the person cannot be located and served with the complaint. Constructive service requires the filing spouse to demonstrate through a variety of means that their spouse’s location is unknown. Second, after fulfilling the publication requirements, the court will conduct a hearing without the missing spouse. It is important to understand how the judge may rule on common divorce issues, such as property divisions, custody, and support when issuing a default judgment. Finally, it is possible for an absentee spouse to return and re-open a case that was resolved by a default judgment. An experienced divorce lawyer can help you understand how this may impact your case.
My office has experience handling divorce cases under a variety of circumstances, including when one party cannot be found. If you need assistance, contact my office today to schedule a consultation with a lawyer. In addition to Little Rock, I also handle matters in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff, and throughout the rest of Arkansas.