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If you are unable to locate your spouse, you can still proceed with a divorce in Maryland. Many individuals lose contact with their spouses and move forward via a divorce by publication. This method, formally called a divorce by publication, is somewhat more complex and comes with additional requirements compared to an uncontested divorce.
Under Maryland law, if you and your spouse have been separated for more than six (6) months, this can serve as a qualifying ground for divorce. However, you must still make a diligent effort to locate your spouse before finalizing. If, after this good-faith effort, your spouse’s whereabouts remain unknown, you may continue the divorce proceedings through publication. This six-month separation ground can simplify the process if you’re unable to reach your spouse but can still attest that you meet the legal standard for prolonged separation.
The Diligent Effort Requirement
Before initiating a divorce by publication, Maryland courts require you to make a genuine attempt to find your spouse. This can include:
Divorce by Publication Explained
When filing for divorce, the court mandates you notify your spouse. This notification typically enables your spouse to respond via the court. In an uncontested divorce, your spouse can sign a document confirming they are aware of the divorce, and no further response is needed if you are both in agreement. In a contested matter, your attorney (or you, if unrepresented) will serve the divorce papers directly on your spouse.However, if you cannot find your spouse, the court will often allow you to publish a notice of the divorce proceedings in a local newspaper.
The publication must run for a specific period defined by the court. If your spouse fails to respond within that timeframe, you can move forward and finalize your divorce similarly to an uncontested case.
Proceeding When Your Spouse Is Missing
If you genuinely do not know your spouse’s whereabouts—and have already attempted to locate them—yet wish to go forward with a divorce by publication (including if you’ve been separated for more than six (6) months), we can help.
Please fill out the form below, and one of our attorneys or paralegals will contact you to discuss your available legal options, including the six-month separation ground and the detailed steps involved with divorce by publication.
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