What should you do if you are ready to move on but your spouse is nowhere to be found? You need and want to find them, if only to move on with your life.
If your spouse has abandoned you in Massachusetts, navigating the divorce process can seem overwhelming. However, Massachusetts law provides avenues for you to move forward even if your spouse is uncooperative or has disappeared.
This recently happened to a Massachusetts Woman was planning on getting a divorce but had lost contact with her husband.
Ashley McGuire went viral after posting for help to find her husband Charles Withers, who had allegedly abandoned their family and ghosted her while she was pregnant with his second child last year.
It’s possible to shame your spouse into getting back in touch but not every post goes viral and some spouses have no shame!
What can you do to get divorced if your spouse has abandoned you in Massachusetts?
Here’s what you need to know and the steps you should take to initiate a divorce under these circumstances.
First it’s possible to find your missing spouse by doing a missing person search. The attorneys at Amaral & Associates P.C. have many years of experience in locating missing persons (spouses) and hidden assets. Attorney Edward Amaral can advise you on the best steps to take to find your spouse.
It is also important that you live in Massachusetts. You must meet the residency requirements for filing a divorce in Massachusetts. This means you need to have lived in the state for at least one year before filing, or the grounds for the divorce must have occurred within the state if you’ve been a resident for less than a year.
Once residency is established, you can petition the court for divorce without your spouse’s signature. While you are required to serve divorce paperwork on your spouse, their refusal to sign does not prevent you from obtaining a divorce.
In cases where your spouse cannot be located, it is still possible to get divorced in Massachusetts, although an uncontested divorce is not an option. You will need to file a complaint for divorce, which typically involves providing evidence that you have made diligent efforts to locate your spouse. You would then ask the court for permission to effectuate service on your spouse by publication. An experienced attorney can guide you through this process, ensuring that all legal requirements are met.
Key Recommendations for Individuals Seeking a Divorce in Massachusetts When Their Spouse Has Abandoned Them:
- Meet Residency Requirements: Make sure you have lived in Massachusetts for the necessary period before filing for divorce.
- Serve Divorce Paperwork: Make all necessary efforts to serve the divorce paperwork to your spouse at their last known address, even if they are uncooperative or have disappeared.
- Consult an Experienced Attorney: Seek legal assistance to navigate the complexities of filing a complaint for divorce and to ensure that all proper requirements are met.
- Document Your Efforts: If your spouse cannot be located, keep records of your efforts to find them as this will be important to show in court to bolster your case.
By following these steps and working with a knowledgeable divorce attorney, you can effectively manage the divorce process despite the challenges posed by an absent spouse. Please contact us to learn more about our divorce and family law services. Please call (617) 539-1010 ext. 111 or email Attorney Edward L. Amaral, Jr. at edamaral@amarallaw.com.
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