Key Takeaways:

Yes, you can get a divorce even if you can’t find your spouse, though there are additional steps and complications.
The process begins by filling out and filing the appropriate forms.
You must demonstrate to the court that you made a serious, good-faith effort to locate your spouse. They will need to see documentation proving you put in the legwork.
If you fail to track down your spouse, the court allows service by alternate means, including service by publication, service by posting, or service by mail.
Once you exhaust all avenues, you can apply for a default judgment that will finalize your divorce.

Oregon, like most states in the union, practices no-fault divorce. These laws exist so no one is forced to remain married if they don’t want to. This includes cases where you can’t find your spouse.

This situation comes up more often than you may think. However, the good news is that you can still get a divorce even if your spouse has dropped off the face of the Earth.

Not being able to locate your spouse does, understandably, present new obstacles, but there is a path to end your marriage.

How Can You Divorce When You Can’t Find Your Spouse?

All divorces are different. How it goes depends entirely on the specifics of your marriage and relationship.

However, they all start in the same place. This is true whether you and your spouse still live together or they’ve completely vanished from your life. Down the road, the process may become more complicated, but it still begins with the most basic first step.

Start The Divorce Process

Like with any other divorce, you need to get the process started.

First, obtain the appropriate forms, fill them out, and file them with the proper court. You also have a few fees to pay along the way.

If you can’t find your spouse, the next step is where things get tricky. But for all intents and purposes, the initial move is the same. Get the ball rolling, and go forward from there.

Attempt to Locate Your Spouse

The next step to divorce is usually serving your soon-to-be-ex and declaring your intention to dissolve your marriage. Again, this gets tricky when they’re nowhere to be found.

Before you can move on to the next stage, you have to do the legwork and put in a good-faith effort to locate them.

The court requires proof of a “diligent search,” so make sure to document the work you put in every step of the way.

Track who you call, where you search, and any other actions you take.

The good news is, you have plenty of resources and search tools at your disposal in your quest to track down your spouse.

Check their last known address and the most recent employer. Even if they’re not there anymore, landlords or bosses may have an idea where they went.
If you still have contact information for family or friends, that’s another place to look.
Technology is a valuable ally. Online tools and resources often deliver results, and new ones emerge every day. In some instances, a cursory internet search may provide clues, places to check, or even the jackpot.
Dig into phone listings in the area where you know they lived.
Examine various databases, public court records, and even the Federal Bureau of Prisons.
Look at the DMV, military records, and the Social Security Death Index.
Hire a private investigator. What may take you some time may be routine for an experienced professional. They also often have access to databases and resources that the average person doesn’t.

If you hired a lawyer to represent you, they should be able to help if you can’t find your spouse. If nothing else, they will have suggestions of where to start.

Again, keep records of all your efforts. It’s important to show the court you did your best. Divorce laws demand you do the work.

Related Reading: Pro Se Divorce: The DIY Method

Service By Alternative Means

If you find your spouse, great, proceed with your divorce as normal.

But if they’re nowhere to be found, once you exhaust your options, no-fault divorce laws still allow you to move ahead.

The next step is to serve your spouse by court-approved alternative means.

It shows that you did the legwork and legitimately tried every possible option. The court must sign off on this measure, which is why it’s vital to document efforts to find your spouse, even if your search ultimately proves unsuccessful.

There are a few different ways to serve your spouse in these cases:

Service by Publication

One of these alternatives is service by publication. More or less what it sounds like, service by publication means you release a public notice via an acceptable source. This most often takes the form of a news outlet, usually a local newspaper in the area where your spouse most likely lives. The summons usually must appear multiple times.

Service by Posting

Another common method is service by posting. In these cases, the court authorizes the display of the summons in a public area of the courthouse. Visible to as many people as possible, the goal is to make this document accessible to your spouse. This has an advantage over service by publication, as posting is usually free.

Service by Mail

In Oregon, the court may also require you to send a copy of the summons to your spouse’s last known address. If this information is seriously out of date, this may not be an option.

Related Reading: How To File For Divorce In Oregon

Motion For Default

In most cases, alternative forms of service don’t yield significant results. But again, it shows you tried, and that’s the important part to the court. Once you do that, it’s finally time to move on.

After 30 days, if you can’t find your spouse and they fail to respond to the published summons, you can apply for a Motion and Order Allowing Judgment by Default.

This declares you did everything you could, but your spouse never materialized. By failing to respond, they are in default, and this document asks the court to grant a judgment in your favor.

Now, even without your spouse’s direct involvement, the court is free to split any shared assets, rule on custody issues, and decide on any other matters.

In most cases, if you’ve been apart for so long that you can’t find your spouse, there likely isn’t a ton to deal with. Still, it’s important to make everything official, especially if you’re looking to move on with your life.

While not being able to find your spouse does complicate the divorce process, it is still possible to end your marriage and move forward.