The decision to end your marriage is one of the most difficult choices you will ever make. It can be even more challenging when your spouse is gone and nowhere to be found. This can make ending your marriage difficult. However, you will be able to get divorced once you complete some additional steps. Abandonment by a spouse will not impact the final outcome of divorce in Wisconsin.
What is Spousal Abandonment?
Spousal abandonment is a term that applies when a spouse has permanently and intentionally left the marital home and is no longer in contact. If you cannot locate your spouse and have no contact with him or her, you may have been abandoned. Abandonment is also called desertion. Abandonment generally applies when a spouse leaves without provocation. In other words, one spouse did not force the other to leave or cause them to stay away.
How Does Abandonment Affect Divorce?
Wisconsin is a no-fault divorce state. Therefore, abandonment is not grounds for divorce. The divorce process requires one party to file for divorce. This person is called the petitioner. The petitioner must serve the respondent with divorce papers. When you do not know where your spouse is living, you will not have the ability to serve them with papers. You will need to take steps to locate and serve the petitioner before the divorce can proceed.
Serving Divorce Papers
Serving your spouse with divorce papers can be more challenging when you do not know where they live. In some cases, your spouse may be purposely trying to hide or prevent you from finding him or her. If you cannot serve your spouse with divorce papers, you may still move forward with a divorce as long as you are able to prove to the judge that you took appropriate steps to find and inform your spouse. You should try to serve divorce papers within 90 days of your court filing. There are several options for serving divorce papers including by a process server, by a police or sheriff’s department, or through a friend or relative.
What If I Can’t Find My Spouse?
You may serve divorce papers to the last known address or place of employment if possible. If these are not available, you must make every effort to locate and serve your spouse. One common option is to post a notice in the local newspaper where you believe your spouse is living. You must post the notice three consecutive times. You may be able to locate your spouse by using the Internet. Sometimes, a private detective is helpful in locating your spouse. Keep copies of the notices and other methods you used to try to locate your spouse so you can present them to the judge as proof of your attempts. It is important to note that if your spouse refuses service, the judge may still find that they were served and therefore knew of the proceedings.
Seeking a divorce can be more difficult when your spouse disappears, but that will not stop you from getting a no-fault divorce in Wisconsin. Contact us at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to discuss your needs with our legal team.