Starting Divorce Without Spouse

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Summary

In Georgia, you can file for divorce even if you cant locate your spouse. You must show reasonable efforts to find them, such as contacting relatives, searching social media, and checking public records. If unsuccessful, you can request Service by Publication to notify your spouse through a newspaper. If no response is received, the court may grant a default divorce. If your spouse is in the military, additional protections under the Servicemembers Civil Relief Act apply.

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I’m trying to start my divorce process but I don’t know where my spouse is and I don’t know if she is in the military or not
In Georgia, you can file for a divorce even if you don't know your spouse's whereabouts:
*. File a divorce petition, stating that you cannot locate your spouse.
*. Request permission for "Service by Publication".
*. Publish the divorce notice in a local newspaper for four weeks.
*. If no response, court may grant divorce by default.
If she's in the military, there are additional protections under the Servicemembers Civil Relief Act.
What are the protections
The Servicemembers Civil Relief Act (SCRA) provides certain protections for active duty military members, including:
*. A stay of court and administrative proceedings.
*. Protection against default judgments.
*. The option to waive any of the SCRA rights and protections.
*. The right to terminate certain lease agreements.
So if I file and say I don’t know where she is will they try to find her ?
The court usually doesn't find your spouse for you. You must show you made reasonable efforts to find her. As stated, you can request "Service by Publication" if efforts fail. You publish the divorce notice in a newspaper. If no response, the court may grant a default divorce.
Okay so will they tell me if she’s in the military or not
The court typically does not provide information about a person's military status. However, you can use the Defense Manpower Data Center's (DMDC) Military Verification service to check if someone is currently serving in the military.
I don’t know she social to use
Unfortunately, without a Social Security number, it's quite difficult to verify military service through the DMDC. You might consider hiring a private investigator or attorney to help locate your spouse and determine her military status.
What if I don’t want to know can I just do the public of notice ?
Yes, you can proceed with "Service by Publication". Just ensure you've made reasonable efforts to locate her first. The court may then grant a default divorce if there's no response after the notice publication.
Okay how can I get a public of notice will they ask me if she’s in the military
To apply for a "Service by Publication", you'll need to file a motion with the court explaining your efforts to locate your spouse. If approved, you can publish the notice in a local newspaper. The court won't inquire about her military status in this process.
Okay what about the divorce application do i have to put if she’s in the military
No, it's not required to state her military status on the divorce application in Georgia. However, if you later discover she's in the military, you'll need to follow the rules under the Servicemembers Civil Relief Act.
But what if I did the public of notice already
If you've already done the "Service by Publication", the next step is to wait. If there's no response within 60 days after the last notice, you can request the court to move forward with a default divorce.
Okay will she be notified
If your spouse is able to see the published notice, she may be notified. However, if she doesn't see it and doesn't respond within the specified time, she might not know until after the court grants the divorce.
Okay so. That’s the best option to do is public notice ?
Yes, if you've made reasonable efforts to locate your spouse and failed, "Service by Publication" is a valid option in Georgia. This can lead to a default divorce if there's no response within the specified timeframe.
What are the efforts ?
The efforts to locate your spouse can include:
*. Contacting her relatives or friends.
*. Searching on social media.
*. Checking at her last known address.
*. Searching through public records.
*. Hiring a private investigator.
These efforts must be documented to show the court that you've made a reasonable attempt to find her.
I don’t know her family I was never close I tried looking her up on social media I don’t see no profile the last address she stayed in she moved
In your case, you can document these efforts and explain the situation in your "Service by Publication" motion. If the court is convinced you've made a reasonable attempt, they'll likely approve your request to notify her through a newspaper publication.
I have to hire an investigator?
Hiring a private investigator is not necessary, but it can be helpful in your situation. If you've exhausted all other options and still can't locate your spouse, an investigator could help. However, it's not compulsory for the "Service by Publication" procedure.
Public records ?
Public records can be useful in trying to locate your spouse. These might include voter registration records, property records, or court records. However, access and availability vary, and some may require fees. Want to know more about accessing public records in Georgia?
Do I have to do that too ?
No, you're not required to search public records. They're just another possible method to locate your spouse. If you've made reasonable efforts and still can't find her, you can proceed with "Service by Publication".