This legal procedure offers a pathway to dissolve a marriage within the state when one party’s whereabouts are unknown. It involves notifying the missing spouse about the pending divorce action through announcements in a local newspaper, fulfilling specific legal requirements in lieu of direct service. For example, if an individual has diligently attempted to locate their spouse without success, and meets the state’s stipulated criteria, they can petition the court to proceed with the dissolution using this method.
The significance of this process lies in ensuring access to justice, preventing individuals from being indefinitely bound to a marriage when their spouse cannot be found. Its historical context is rooted in the need to provide a fair and equitable resolution in situations where traditional service of process is impossible. The availability of this option offers benefits, including the ability to move forward with life, re-marry, and resolve marital property issues, without being perpetually stalled by the absence of a spouse.