How to Divorce a Missing Spouse in Ohio
- 1). File an official complaint and summons with the court in your jurisdiction. You will also want to obtain legal services at this time. Your attorney will tell you how to proceed and will help you file your complaint. Your attorney also will help you attempt to serve notice to your spouse using the last known information you have on her location. If your spouse is served, she must respond to the summons in writing. If she is not served because she cannot be located, the court will be alerted.
- 2). Publish notice of your divorce complaint in local newspapers. This serves as notice to your spouse that you are pursuing a divorce against him. You will use this newspaper notice as well as the summons that was unable to be served in order to show you have made reasonable efforts to involve your spouse in your divorce.
- 3). Obtain a default judgment. If the court finds that the spouse is missing, the judge can rule in your favor and grant you a divorce. This is called a default judgment because the only party present wins the case by default. If your spouse returns and wants to amend the terms of the divorce, such as child custody, she can file a request with the court at that time.
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