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My spouse is hiding from me: Can I still get a divorce?

On Behalf of | Aug 23, 2018 | Divorce |

A hidden spouse is a rare situation but sometimes — if two Alaska spouses haven’t been in contact for some time — one spouse might have trouble locating the other. Whether this inability to find the other spouse happened because the other spouse is “hiding” or simply due to the accidental loss of contact, this brings up an interesting question: Can you still get a divorce in Alaska if you can’t find your spouse?

Fortunately, you can still receive a divorce, even when you can’t seem to locate your husband or wife. Here’s how:

Make a diligent effort to find your spouse

Once you’ve tried your best to find your spouse, and you can prove you’ve made a “diligent inquiry,” Alaska law will permit you to proceed with your divorce by submitting an affidavit. This affidavit details the manner by which you conducted your “diligent inquiry” for your ex. The affidavit will ask for permission to serve your spouse with the divorce notice by publishing it within a newspaper.

That said, in the course of completing your “diligent inquiry,” it’s just as possible that you’ll actually find your spouse. There are many affordable people-finder services that do an excellent job of locating missing persons.

If, after performing this inquiry, your spouse is still missing, you’ll proceed with your divorce filing by (1) completing Dissolution Packet No. 3 or (2) Completing the Divorce Complaint Packet.

Completing the Dissolution Packet No. 3, DR-3

Dissolution Packet No. 3 allows you to divorce swiftly, but it won’t allow you to resolve issues relating to child custody or asset division.

Completing the Divorce Complaint Packet

The Divorce Complaint Packet has one version for couples with children and another version for couples without children. You’ll also need to fill out the Alternate Service Packet. Filing the Divorce Complaint Packet will not permit you to resolve issues relating to child custody or asset division.

As you can see, it’s more than possible to move forward with your divorce process in Alaska — even if you can’t find your spouse. That said, you will still need to wait until after you find your spouse before you can finalize issues relating to child custody and asset division.


Contact Dorothea G. Aguero, Attorney at Law, P.C.