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What is a “notice by posting”?

On Behalf of | Oct 20, 2023 | Divorce |

After filing for divorce, you must notify the other party or serve the initial documents. This step is essential to begin the process, so what happens if you do not know where the other party is? If you cannot locate your former spouse, the court could allow you to have a notice or service by posting. You can do so by posting the divorce notice at the courthouse. Still, this option is only applicable based on the following circumstances:

  • The filing party took measures to locate the other party and still cannot find them.
  • The wife has no children with another man and is not pregnant
  • The divorcing couple has no children below 18 or are high schoolers.
  • The parties do not share community property.

If one or more of these conditions apply, you might be ineligible for the notice-by-posting option.

What are the risks of posting a divorce notice?

Choosing this option can come with various risks because there is no assurance that the other party knows about the divorce. The law provides the other party a 2-year window to request a trial if you use this service method.

Sometimes, the other party might claim you did not exhaust adequate effort to find them before posting the notice. If so, they can ask for a trial no matter how much time has passed since filing for divorce.

Ensuring your divorce’s validity

If you cannot find your former spouse to serve the divorce papers, it is vital to consider other options before attempting a notice by posting. These procedures might delay the divorce process, but they could save you trouble later on.

Instead of looking for them mindlessly, seek legal counsel to help guide you on what steps to take when locating your former spouse. An attorney can help you navigate what to do before asking for this service option.