Divorce a missing spouse

The law requires that the summons for divorce must be served on the other party personally by the sheriff of the court.

If your spouse’s whereabouts are unknown to you, this presents a problem that can be remedied by requesting the court to allow you to serve the summons in an alternative manner. This is called an application for “substituted service”.

This application entails an affidavit that sets out all the reasonable steps that have been taken to locate your spouse, usually mentioning the following:

1. The last known address;

2. Contacting friends, family and/or employers;

3. Contacting your spouse online via social media;

4. Asking a tracing agent to locate him/her.

   
   

If the court is satisfied, a copy of the summons can be given to the spouse in an alternative appropriate manner usually be adverting in a local newspaper, or serving on a friend or family member, sending the summons by e-mail or through social media.

This is a simplified explanation of the process and each matter should be handled based on its own facts.

We are able to assist with this and if you are interested please Contact Us – queries are free.