What to Do if Your Spouse is Missing and You Want a Divorce in Ohio?

divorce service of process missing spouse

Ohio Court Can Publish Divorce Complaint In Local Newspaper If The Address Of Missing Spouse Is Unknown

divorce service of process missing spouseTypically when a divorce is filed the adverse spouse is served with the summons, divorce complaint and other required documents. This can be accomplished a number of ways as set forth in the Ohio Rules of Civil Procedure.  Obtaining “service of process” is essential for the Court to obtain jurisdiction over the matter and to proceed with your case and issue orders over support, property division, custody etc. All states require that the opposing spouse receive a copy of the divorce papers typically delivered by a private process server (especially if there are any restraining orders).

WHAT DO YOU DO IF YOU LOOSE TRACK OF YOUR SPOUSE AND WANT A DIVORCE?

Most states have a law or civil rule about the requirements to utilize the service by publication provision when the address of the defendant is unknown.

Ohio Civil Rule 4.4(A) permits an individual to be served by publication when his or her address is unknown. To serve a defendant by publication when the defendant’s address is unknown, the plaintiff or plaintiff’s counsel must file an affidavit with the court indicating the following:… Read More... “What to Do if Your Spouse is Missing and You Want a Divorce in Ohio?”