Law4u - Made in India

Can a person seek a divorce if their spouse is missing for several years?

13-Jan-2024
Divorce

Answer By law4u team

Yes, in many jurisdictions, a person can seek a divorce if their spouse is missing for an extended period of time. This situation is often referred to as "divorce by abandonment" or "divorce by desertion." The specific legal requirements and procedures for seeking a divorce in such cases can vary depending on the laws of the jurisdiction. Here are common steps involved in seeking a divorce when a spouse is missing: Attempted Notification: The person seeking the divorce (the petitioner) is typically required to make reasonable efforts to locate and notify the missing spouse about the divorce proceedings. This may involve sending notices to the last known address, publishing legal notices in newspapers, or other methods specified by local laws. Affidavit or Declaration of Diligent Search: The petitioner may be required to submit an affidavit or declaration to the court, detailing the efforts made to locate the missing spouse. This document serves as evidence of the petitioner's diligent search. Court Petition: After attempting to notify the missing spouse, the petitioner can file a divorce petition with the family court. The petition should include details about the marriage, the efforts made to locate the missing spouse, and the grounds for seeking the divorce. Waiting Period: Some jurisdictions may impose a waiting period after filing the petition to allow the missing spouse an opportunity to respond if they are still accessible. Court Hearing: If the missing spouse does not respond or cannot be located within the specified time, the court may schedule a hearing to consider the evidence and determine whether the divorce should be granted. Default Judgment: In cases where the missing spouse does not respond or appear at the hearing, the court may issue a default judgment, granting the divorce based on the evidence presented by the petitioner. It's crucial to consult with a family law attorney in the specific jurisdiction to understand the legal requirements and procedures for seeking a divorce in the absence of a spouse. Laws can vary, and legal professionals can provide guidance tailored to the individual circumstances of each case.

Answer By Raghav Kapoor

yes, if spouse is living seperately, other spouse can file divorce case.

Divorce Verified Advocates

Get expert legal advice instantly.

Advocate Swapnil D Honmane

Advocate Swapnil D Honmane

Criminal, Civil, Cheque Bounce, High Court, Divorce, Property

Get Advice
Advocate Advocate Girish Alurkar

Advocate Advocate Girish Alurkar

Arbitration, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Civil, Court Marriage, Divorce, Family, High Court, Media and Entertainment, NCLT, Property, Recovery, RERA, Succession Certificate, Revenue

Get Advice
Advocate Hanuman Ram Mundan (choudhary)

Advocate Hanuman Ram Mundan (choudhary)

Anticipatory Bail, Cheque Bounce, Banking & Finance, Criminal, Divorce, Court Marriage, Cyber Crime, Family, High Court, Insurance, Motor Accident, Revenue, Domestic Violence

Get Advice
Advocate Wajahat Md Furquan

Advocate Wajahat Md Furquan

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Recovery, Succession Certificate, Wills Trusts

Get Advice
Advocate Rajesh Morya

Advocate Rajesh Morya

Anticipatory Bail, Cheque Bounce, Consumer Court, Court Marriage, Customs & Central Excise, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Motor Accident, R.T.I, Succession Certificate

Get Advice
Advocate Shyam Kumar Yadav

Advocate Shyam Kumar Yadav

Arbitration, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, RERA, Succession Certificate, Tax, Trademark & Copyright, Revenue

Get Advice
Advocate Mahendar B

Advocate Mahendar B

Anticipatory Bail,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,High Court,Insurance,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,Property,Recovery,Succession Certificate,Wills Trusts,Revenue

Get Advice
Advocate Adarsh Varma

Advocate Adarsh Varma

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,High Court,Immigration,Insurance,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,NCLT,Patent,Property,Recovery,RERA,Startup,Tax,Trademark & Copyright,Revenue,Court Marriage,Documentation,GST,International Law,R.T.I,Succession Certificate,Supreme Court,Wills Trusts,

Get Advice
Advocate Sharwan Kumar

Advocate Sharwan Kumar

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Immigration, Labour & Service, Motor Accident, Recovery

Get Advice
Advocate Aa Raju

Advocate Aa Raju

Cheque Bounce, Anticipatory Bail, Banking & Finance, Breach of Contract, Child Custody, Civil, Consumer Court, Criminal, Divorce, Domestic Violence, Court Marriage, Family, High Court, Landlord & Tenant, Motor Accident, Property, Succession Certificate, Revenue

Get Advice

Divorce Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.