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Divorce by Publication is a process used when one spouse cannot be located or refuses to participate in divorce proceedings. The process varies by state and involves filing paperwork, publishing a notice in a newspaper, and waiting a certain period of time before obtaining a final judgment. The absent party typically cannot contest or change the divorce.
Divorce by Publication is a divorce proceeding typically initiated in situations where one spouse cannot be located or refuses to assist in divorce proceedings. In the United States, the actual process and legality of a divorce by publication depends on the state in which the procedure is to be performed. Anyone wishing to proceed with such an action should consult an attorney or familiarize themselves with state law regarding the procedure. In general, however, the process involves publication of the divorce notice in an official newspaper and then a final divorce decree issued by a judge.
Although different states and countries have different laws regarding the legitimacy and completion of a divorce by publication, the general steps taken to execute one must begin by filing much of the same paperwork that would be required in any other type of divorce. This can be done by a private individual or with the assistance of a lawyer. The divorce papers must then be mailed to the last known residence of the other party to the divorce, preferably by registered mail for proof of delivery or non-delivery. A divorce for publication then, quite literally, goes into publication as the documents are taken to a newspaper registered in the region where the divorce is occurring and published in the legal section.
The person executing the divorce must then wait a certain period, usually about 30 days to four weeks, and may have to pay to have the divorce notice published in the newspaper once a week for that period. You may also need to mail a copy of the newspaper to the divorce party’s last known residence; once again it is better to use the registered letter to indicate delivery or non-delivery. All of these steps may not always be followed, depending on the state or country where the divorce is being filed, but many of them are common practice.
After the required amount of time has elapsed, the divorce petitioner takes the documents, along with proof that the divorce papers were published and an attempt to deliver the documents to the other party, for a final judgment. If all the necessary steps are followed correctly, the divorce will usually be finalized and the judge will usually rule in favor of the applicant. Because this is done when the other party cannot be found or refuses to appear in divorce proceedings, there is rarely an opportunity for aspects of the divorce to be contested or changed by the absent party.
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