The divorce process in Missouri can be both physically and emotionally grueling. One of the most common frustrations a divorcing spouse can face in the process is the inability to locate the partner spouse. When a spouse is missing in action, it does complicate the divorce process slightly.
Following the filing of the Missouri petition for dissolution in the appropriate circuit court, the court will issue a summons to be served on your spouse along with the petition for dissolution. Proper service is a requirement for filing a divorce in Missouri. Typically, the summons and petition are served on the other spouse by a county sheriff or a private process server.
If the summons and petition are unable to be physically served on the spouse because the spouse cannot be found, Missouri law does offer an alternative solution. Service by publication is a recognized method of service that facilitates a dissolution to proceed even when the other spouse is unable to be located. However, service by publication has particular rules which must be followed precisely or the court may not accept the proof of service.
Service by publication in Missouri is governed by Missouri Rules of Civil Procedure rule 54.12.
Under Missouri law, service by publication is allowed in several instances:
1. The other spouse cannot be located: If the spouse who is initiating the divorce makes a concerted to locate the other spouse but is simply unable to fine them, then most Missouri courts will allow service by publication. This concerted effort must be substantial, including attempts to locate the person by searching all known addresses, cell phone numbers and social media accounts.
2. The other spouse’s location is unknown: If the spouse initiating the divorce honestly does not know their spouse’s whereabouts, a court may grant the filing spouse the right to service by publication.
3. You’ve Exhausted All Other Options: For a Missouri family law court to permit a party to use service by publication, the party will need to show proof that they have exhausted all possible options to physically serve the other spouse with the summons and petition.
The process of service by publication is detail-oriented and must be followed closely:
1. The petition for dissolution should first be filed in the Missouri county courthouse where one of the spouses resides. The petition must contain certain information about each party to the divorce as required by Missouri law.
2. In order to serve your spouse by publication, you must first request permission from the court by filing an application (motion) for order by publication. This motion should include the dates you last saw and talked to your spouse.
3. This request for service by publication should include a notarized affidavit showing the concerted efforts you made to locate and physically serve your spouse with the paperwork.
4. Receive the court order for service by publication. A proposed order for service by publication should be included with your application and affidavit. The court will evaluate the request and either deny or process the order for service by publication.
5. Publish the notice in a newspaper. If the court approves the request for service by publication, a notice of the divorce should be published in a newspaper in the county where the dissolution was filed. The notice should be published for four weeks.
The notice should contain your name, your spouse’s name, a statement indicating a divorce petition has been filed, the case number, the court in which the dissolution was filed, and instructions for how your spouse can respond to the petition.
6. File Proof of Publication with the court: Following the publication of the notice for four weeks, proof of publication (which is provided by the newspaper) needs to be filed with the court in which the dissolution was filed.
7. Get divorced! The court will consider your spouse served after you file the proof of publication with the court. Your spouse will need to respond to the petition for dissolution within 30 days or otherwise risk the court granting a default order of divorce in which case you will likely receive from the court most of what you asked for in the petition.
Difficulty in locating your spouse can certainly exacerbate the already emotionally and physically taxing experience of getting divorced in Missouri. However with service by publication, the Missouri legislature allows you to proceed with your divorce, albeit with a few extra hoops to jump through. Remember to follow the steps above if you are proceeding with service by publication in your dissolution case.
If you would like to discuss your case with our firm, please contact us through this website, or call to schedule a consultation at 816-287-1530. We are dedicated to helping men through their Cass County divorce and Jackson County divorce.
If you are a man considering a divorce or legal separation in Missouri, it's important you choose an experienced attorney who is dedicated to men's rights and has a thorough understanding of Missouri's laws related to divorce and legal separation. At the Men's Center for Domestic Resolution, we work cooperatively with men to discover the best possible course of action. Our firm provides empathetic legal representation for a variety of family law issues, including alimony (AKA "maintenance"), paternity, child custody, child support, and divorce. If the matter proceeds to litigation and/or a trial, we are prepared to professionally represent your legal rights.
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