Frequently Asked Questions

What is a missing spouse divorce?
A missing spouse divorce — sometimes called divorce by publication or divorce by alternate service — is a legal process that allows you to move forward even if your spouse cannot be located. Normally, divorce papers must be served directly to the other party. But when that is impossible, courts allow an alternative: publishing notice in a newspaper of record. This step is permitted only after you prove you have made a diligent, good-faith effort to find your spouse. Without that proof, the judge cannot approve publication.

What is an affidavit of search?
An affidavit of search is the sworn statement that documents all the efforts made to locate your spouse. Different states use different names — Affidavit of Diligent Search, Affidavit of Due Diligence, Affidavit of Constructive Service, or Affidavit of Search and Inquiry. Whatever the title, its purpose is the same: to show the court you turned over every reasonable stone before requesting divorce by publication. Judges rely heavily on this affidavit to decide whether alternate service is justified.

Do you file for me?
No. Our role is to prepare a court-ready affidavit and supporting packet that reflects the requirements of your state. Filing with the court, paying filing fees, and arranging newspaper publication are separate steps that vary by jurisdiction. Where possible, we include detailed instructions and sample forms so you know what to do next. This makes the process smoother, but you remain the filer of record.

Process & Timelines

How long does the process take?
Timing depends on both the search itself and your court’s rules. On average:

• Investigator’s Report + draft affidavit: 2–3 business days.
  
• Full, court-ready affidavit packet: 7–9 business days after the search and questionnaires are complete.
  

After that, the timeline is in the court’s hands. Most states require 3–4 weeks of newspaper publication, followed by a 20–30 day waiting period for responses. This means that, from start to finish, a missing spouse divorce often takes several months, even if your affidavit is ready quickly.

What happens if my spouse is found during the process?
If your spouse is located, we notify you immediately. What happens next depends on their response:

• If they cooperate, the case can often be redirected into an uncontested divorce, which avoids publication altogether and may be faster and less expensive.
  
• If they refuse to cooperate, the case continues as a contested divorce, but now your spouse can be personally served, giving the court more authority to address issues like property or custody.
  

Do you guarantee that the judge will allow publication?
No. The final decision always rests with the court. Our role is to prepare an affidavit that is as complete and detailed as possible, reflecting what judges expect to see. While a strong affidavit significantly reduces the risk of rejection, only the judge can decide whether to allow service by publication.

Can a divorce by publication case be dismissed?
Yes. Courts may dismiss cases if the affidavit is incomplete, vague, or missing key details. Cases may also be dismissed if the petitioner fails to publish the notice for the required number of consecutive weeks. A thorough affidavit — combined with careful compliance with local publication rules — greatly lowers the risk of dismissal.

Costs & Pricing

How much does your service cost?
Our fees are flat and transparent:

1. Investigator’s Report: $175
   
2. Diligence Execution & Affidavit: $295
   
3. Combined Package: $470 flat
   

These fees cover the search and affidavit drafting — the core steps required to request divorce by publication.

What other costs should I expect outside your service?
Beyond our package, you should budget for:

1. Court filing fees: typically $200–$500, depending on county and state.
   
2. Newspaper publication fees: usually $200–$600, sometimes higher in large metro areas.
   
3. Proof of publication: some newspapers charge $25–$75 to issue an affidavit after the run.
   
4. Attorney fees (optional): if you later hire a lawyer for representation, costs can run $1,500–$3,500+.
   

These costs are not included in our flat fee because they are controlled by courts and newspapers, not by us.

Is online notarization included?
Not by default. Online notarization is billed separately, since availability varies by state. Where permitted, we provide access to BlueNotary.com, a secure provider of remote online notarization. Most sessions take 5–10 minutes and result in a digital court-accepted affidavit.

Outcomes & Court Decisions

Can a judge divide property, assets, or children in a divorce by publication?
This depends heavily on state law. In general:

• Marriage status: The court can always dissolve the marriage itself.
  
• Property and debts: Some states allow limited division, while others prohibit dividing property without both spouses present.
  
• Children: Courts are cautious. Most will not issue permanent custody or child support orders in a publication divorce, because the missing spouse was not directly notified. Judges often restrict rulings to dissolving the marriage only.
  

Because of these limitations, many people later pursue modifications or additional hearings if the spouse reappears.

What happens if my spouse reappears after the divorce?
If your spouse resurfaces, they may attempt to reopen the case. Their success depends on state rules and timing:

• Divorce status: Courts rarely undo the divorce itself once it is finalized.
  
• Property/custody issues: Judges may allow limited reopening to revisit assets or child-related matters, but only if your spouse can prove lack of notice or other legal grounds.
  
• Deadlines: Most states impose strict deadlines for reopening. After those pass, the judgment is final.
  

In short, while a reappearing spouse may create complications, the divorce itself usually remains valid.

Important Disclaimer

We prepare documentation for the search and affidavit phases only. We do not file cases with the court, arrange newspaper publication, or provide legal advice. Final outcomes are always determined by the judge, and additional steps may be required depending on your jurisdiction.