Legal Question in Family Law in Missouri

location of spouse unknown

how do i go about filing for a divorce if i do not have a copy of the marriage license or i do not know where my spouse is residing? we have been separated for seven years.

Asked on 12/17/03, 10:59 am

2 Answers from Attorneys

Susan Frederick Susan S. Frederick

Re: location of spouse unknown

First, you do NOT need a copy of your marriage license to file for divorce; you will only have to know the date and place that the marriage took place. Second, if you can't locate your husband, you can give notice by publication. This, however, can be costly and you can't obtain a money judgment (for child support, for example)if you give notice by publication. If you think your husband is in Missouri and have his social security number, your attorney may be able to locate him through the state's drivers license records.

Read more
Answered on 12/17/03, 11:50 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: location of spouse unknown

You may file a Petition for Dissolution of Marriage in the county where you reside even though you do not know your spouse's current address if you satisfy the other legal requirements. You do not need a copy of your marriage license. If you are not able to locate your spouse and have her served with legal process, you may obtain service through publication. If you are not represented by legal counsel, I would advise you to hire an attorney to assist you. The cost will be relatively minor and will be well worth it to you. If you would like a free telephone consultation, you may call me at 314-727-2822.

Read more
Answered on 12/17/03, 12:08 pm

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Missouri