Applying for divorce can become more complicated when you no longer know where your spouse lives or how to contact them. This may happen after a lengthy separation, where communication has stopped or where one person has deliberately lost contact. However, being unable to locate your spouse does not necessarily prevent you from ending the marriage.
Understanding the steps available can help you progress your divorce even when your spouse’s whereabouts are unknown. Although additional procedures may be required, the court has ways of dealing with situations where the usual divorce documents cannot be served.
Do I Need to Find My Spouse Before Applying for Divorce?
You can begin a divorce application even if you do not currently know where your spouse is. However, your spouse would normally need to receive the divorce application so that they are aware proceedings have started.
You will therefore be expected to take reasonable steps to locate them. This may involve contacting relatives, checking previous addresses, making enquiries through known employers or using other appropriate methods to establish their current whereabouts.
The steps required will depend on the circumstances and the information available to you. Keeping a clear record of the enquiries you have made can be important if you later need to demonstrate to the court that reasonable efforts have been made to find your spouse.
What if I Cannot Find My Spouse?
If reasonable attempts to locate your spouse are unsuccessful, there are options available to allow the divorce to continue. The court may permit alternative methods of serving the divorce documents where there is another reliable way of bringing the proceedings to your spouse’s attention.
Depending on the circumstances, the court may also dispense with service altogether. You will usually need to provide evidence of the steps you have taken to locate your spouse before the court will consider allowing the case to proceed without the usual service requirements.
The court will consider the circumstances carefully before making a decision. Providing detailed information about your attempts to locate your spouse can therefore help demonstrate that all reasonable avenues have been explored.
What if My Spouse Is Avoiding the Divorce Papers?
If you know where your spouse is but they are deliberately refusing to respond or accept the divorce papers, this does not necessarily prevent the divorce from progressing.
Alternative arrangements can be made to prove that the documents have been received or brought to their attention. In some cases, a professional process server may be used to personally serve the documents and provide evidence to the court.
Where there is sufficient evidence that your spouse has received the divorce application, it may be possible to ask the court to treat the application as having been served and allow the proceedings to continue despite their refusal to cooperate.
Can My Spouse Stop the Divorce?
Under the no-fault divorce system in England and Wales, a spouse cannot prevent a divorce simply because they do not agree with it. The circumstances in which a divorce can be disputed are very limited.
A spouse may be able to raise certain procedural or legal issues, but they cannot simply object because they want the marriage to continue. This means that a refusal to cooperate will not usually prevent a divorce from eventually being obtained.
Once the appropriate requirements have been satisfied, the divorce can progress through the conditional order and final order stages even where your spouse has not actively participated.
Will Not Knowing Where My Spouse Is Delay the Divorce?
Not knowing your spouse’s whereabouts can make the divorce process take longer because additional steps may be necessary before the court allows the application to progress.
Time may be needed to make enquiries, attempt service at possible addresses or apply to the court for permission to use an alternative method of service. Where attempts to locate your spouse have been unsuccessful, a further application may be required before the usual service requirements can be dispensed with.
Starting enquiries as early as possible and keeping accurate records of the steps taken can help reduce avoidable delays.
What About Financial Matters?
Obtaining a divorce does not automatically resolve financial claims between spouses. If your spouse cannot be located, dealing with property, pensions, savings or other financial matters may require additional steps.
Financial proceedings are separate from the divorce itself, and difficulties locating your spouse can make reaching or formalising a financial settlement more complicated. This may be particularly important where property is jointly owned or there are significant assets or liabilities to address.
It is important to seek legal advice before finalising the divorce where finances remain unresolved, particularly if there are jointly owned assets or outstanding financial claims.
Key Considerations
Not knowing where your spouse is can make the divorce process more complicated, but it does not necessarily prevent the marriage from being legally ended. The court has procedures available where a spouse cannot be found or refuses to engage with proceedings.
Keeping clear records of attempts to locate your spouse and seeking early legal advice can help avoid unnecessary delays and ensure the correct procedure is followed. It can also help identify any separate financial matters that should be addressed alongside the divorce.
We Can Help
Divorcing someone whose whereabouts are unknown can require additional applications and careful preparation. Our family law specialists can advise you on the steps required to locate your spouse, arrange alternative service or ask the court to allow proceedings to continue without them.
If you would like advice about obtaining a divorce when you cannot locate your spouse, contact us to discuss your options.
