Many challenges come with filing for divorce in Alaska. Some people struggle with knowing when to file or how to start the process. Fortunately, filing for divorce is usually a straightforward process that can be completed with the proper paperwork. But when one party decides to file and the other party is not easily located, the filing party may find the process stressful and time-consuming. There are ways for one to file for divorce even when the other party is not present if one follows proper procedures.
Filing without the other party
When one party decides to file for divorce, the other party is required to be served with those documents. When the other party cannot be found, the filing spouse must try to find them, which is called diligent inquiry. This process will vary from case to case, depending on the habits of the individual one is looking for.
Once one has tried and failed to locate the spouse, they must file an affidavit explaining the search process with details on how and where they looked. One may be required to post a notice in a local newspaper or other prominent location. If the other party cannot be located, there are legal ways in which to proceed forward with the divorce in their absence.
Seek advice when filing for divorce
The process of divorce is emotional, no matter the circumstances. But when one finally decides to file, but can’t locate the other party, an already stressful situation is made more difficult. Those who have questions related to diligent inquiry or other divorce issues can benefit from working with an Alaskan family law attorney.
