Affidavit of Search Efforts (Divorce by Publication Affidavit)

When a spouse cannot be located, divorce does not simply pause. Courts have a strict safeguard in place before they will permit divorce by publication — the filing of a sworn affidavit documenting every reasonable attempt made to find the missing spouse.

• Florida requires an affidavit of diligent search and inquiry before a “Notice of Action” may be published for four consecutive weeks.
  
• Texas mandates, under Family Code §6.409, that a sworn affidavit describing unsuccessful search efforts be filed before approving “citation by publication.”
• New York demands an Affidavit of Due Diligence outlining specific efforts before the judge will permit service by publication.
  
• California requires a Declaration of Due Diligence, often scrutinized closely by clerks, before posting or publishing is allowed.
  

What Needs to Be Included

A valid affidavit must go far beyond saying, “I cannot find my spouse.” Courts typically expect documentation of efforts such as:

• Last Known Address: attempts to deliver mail (often certified) and inquiries with neighbors, landlords, or property managers.
  
• Relatives and Friends: contact with parents, siblings, adult children, extended family, or close friends who may know the spouse’s whereabouts.
• Employers and Professional Contacts: inquiries with last known employers, unions, or professional boards.
  
• Public Records: searches of DMV data, voter rolls, property ownership, and court filings.
  
• Postal and Utility Services: checks with the U.S. Postal Service for forwarding information, and inquiries with utility providers.
  
• Phone, Email, and Social Media: documented attempts at direct communication.
  
• Investigator Report: in many states, a signed investigator’s report is strongly preferred or effectively required.
  

The affidavit should list each of these steps in detail, along with the results — even if the result is “no information found.”

The Level of Detail Judges Expect

What makes this affidavit challenging is not just the range of steps but the level of documentation required:

• Certified Mail Receipts: kept as exhibits, even if the mail was returned as undeliverable.
  
• Screenshots: of social media searches or database queries, with visible time stamps.
• Phone Logs: showing numbers dialed, dates, and whether contact was made.
  
• Notes of Conversations: with relatives, neighbors, or employers, including names and verbatim statements.
  
• Investigator Report: in many states, a signed investigator’s report is strongly preferred or effectively required.
  

Courts want a record that is specific, chronological, and verifiable. A vague statement like “I searched online and asked around” is almost always insufficient.

Final Word

The affidavit of search efforts is the gateway to divorce by publication. It is the sworn record that proves you made every reasonable attempt to locate your spouse. Without it, no court will permit alternate service.

Though the names differ — Due Diligence, Diligent Search, Constructive Service, Declaration of Search — the role is identical across states: to convince the judge that publication is being requested in good faith.

A properly prepared affidavit is detailed, evidence-backed, and state-specific. It protects your case from delay, dismissal, or future challenge.