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PUBLICATION
DIVORCE
DIVORCE
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When the whereabouts of a spouse are unknown, it
may still be possible to proceed with a divorce using a
procedure called "publication divorce". Under this
procedure, if you have made reasonable efforts to
locate your spouse and despite these efforts still could
not locate him or her, the law allows notice of the
proceedings to be given by means of publication in a
local news paper in lieu of personal service.
There are drawbacks to a divorce by publication.
The most significant one is that the court only has the
power to end the marriage, it cannot order your spouse
to pay support, debts or take any other action. While
the court can enter custody orders in a publication
case, it can't enter child support orders. And while you
may be awarded property that is in your possession, your
spouse can't be ordered to return property in his
possession. For many, however, it is a relief just to be
able to end the marriage. If the other spouse's
whereabouts are discovered later, you may be able to
have the court enter additional orders that it could not
enter before.
At our law offices, we handle publication divorces
with and without children. You can usually expect a
publication case to take about a month longer than the
90 days which are typical of other low conflict cases.
That is because of the added time necessary to publish
the notice in the paper.
If you have questions about publication divorce,
would like more information about the process, or you
would like to discuss our fees or your situation with
Mr. Calder, please feel free to call 303 751-9462 for
a free one-half hour initial consultation, by phone or in
our offices.