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Divorce and a Motion for Publication for Substituted Service and Alternative Notice

Dec 8, 2015 @ 01:51 PM — by Michael Green

There are times where a party may not know where the other party is located, they only have their last known address and they are not able to serve them at that location.  In such an instance, a motion for publication may be filed with the court and substituted service may be accomplished where a notice of the divorce is published in a newspaper in the location where the other party last resided.  In these instances, service upon completion by publication may be accomplished to satisfy the court, and the divorce may proceed without the other party being directly served.  The court may also wish to have affidavits of due diligence and other inquiries made of the post office, the military, family members etc.  

If the party seeking a divorce is not looking for there to be any equitable distribution of debts or assets and is not seeking alimony, the divorce may proceed with a default being entered by the court.  

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