How Missing Spouse Divorce Works
When your spouse has disappeared, the hardest part isn’t just the absence — it’s the uncertainty. You want to move forward, but courts won’t allow divorce by publication until you’ve proven a diligent search. This proof is more than effort; it’s a sworn affidavit that tells the court, step by step, what you did to locate your spouse.
Too often, people get stuck here. They’re not sure what counts, how to document it, or how to format it for a judge. That’s where we come in.
This page goes deeper than a quick overview. We’ll explore:
- The struggles people face when trying to prove a diligent search.
- The problems our service solves and why it matters.
- Exactly what you receive from us.
- What steps you’ll still need to complete yourself.
- The timeline for our part of the process.
- How we reduce risk and increase your chance of moving forward smoothly.
- Why speed, accuracy, and compliance matter more than ever.
The Struggles People Face
When your spouse is missing, it’s not just the emotional weight — it’s the legal maze that makes this process intimidating. Most people don’t stall because they don’t want to act; they stall because they’re afraid of doing it wrong.
- “I don’t know what counts as a diligent search.”
Courts expect far more than a simple online search. They want a record of multiple attempts, through different channels, with results documented.
- “I’m worried I’ll miss a step and get rejected.”
Many filings are denied because the affidavit is incomplete, vague, or labeled incorrectly. Some states use different names: Diligent Search, Due Diligence, Constructive Service, Search and Inquiry. Filing the wrong form can set you back weeks.
- “I don’t have the time or resources to chase leads.”
Trying old addresses, contacting relatives, searching public records, and documenting each step is overwhelming if you’re already managing work, family, and stress.
- “What if the judge thinks I didn’t try hard enough?”
An affidavit that feels sloppy or inconsistent raises questions. Judges want clear, chronological evidence that you did your due diligence.
Our service is designed to take these burdens off your shoulders and translate them into a clean, professional record the court understands.
What We Solve for You
- Complexity Across States
Different states, different terms, different rules. We draft affidavits that use the terminology your court expects.
- Documentation Gaps
Judges won’t accept “I tried” without proof. We integrate investigator findings, your prior efforts, and our diligence execution into a full affidavit package.
- Risk of Rejection
Clerks often reject affidavits missing dates, unclear wording, or without notarization. We prepare affidavits that are sworn, notarized, and formatted to court standards.
- Speed vs. Accuracy
DIY attempts can take weeks, only to be denied. Our system produces a court-ready affidavit in 7–9 business days, so you don’t lose momentum.
What You Receive From Us
You don’t just get a form — you get a complete affidavit packet covering the first two phases of divorce by publication:
- Licensed Investigator’s Report (PDF)
- A professional search using nationwide databases.
- Verifiable evidence of efforts to locate your spouse. - State-Specific Affidavit Draft
- Written in the exact style/label your jurisdiction requires.
- Includes both the investigator’s results and your own prior efforts.
- Filing & Publication Checklist
- Plain-English instructions and, where available, sample forms.
- Guidance on filing with the clerk and arranging publication.
- Notarization Options
- Online notarization (where permitted) via BlueNotary.com with a secure AI identity verification, followed by a live notary session.
Important Scope Reminder:
We only handle the diligentsearch and affidavitdrafting phases. Filing your case, arranging publication/posting, and obtaining a final divorce judgment are outside our service. However, our packet ensures you start with the strongest foundation.
How Long This Part Takes
- Investigator report + draft affidavit: 2–3 business days after intake is complete.
- Court-ready affidavit packet with exhibits: 7–9 business days total.
- Notarization: same day (average 3–5 minute wait once ID is verified).
After this, the pace is set by the court and your state’s publication rules. Most require 3–4 weeks of newspaper notice and an additional 20–30 days waiting period before default judgment can be requested.
What You’ll Still Need to Do
Once you receive our packet, you’ll handle:
- Filing the case with the court (and paying the filing fee).
- Asking the judge for permission to serve by publication.
- Arranging newspaper publication or courthouse posting, as directed.
- Waiting out the required publication and response periods.
- Requesting default/final judgment if your spouse does not respond.
We provide the instructions and forms (where available) so you’re not left guessing.
Why Our Service Works (and Reduces Risk)
Courts don’t want vague claims — they want hard evidence. Here’s how we help:
- Specificity over generalities: Instead of “I tried online,” we show who you contacted, when, where, and the result.
- State-by-state compliance: We adjust the affidavit’s title, structure, and language to match your court’s expectations.
- Chronological clarity: We present your search efforts in order, showing persistence and good faith.
- Secure notarization: Online notarization makes your affidavit valid without the hassle of in-person appointments.
Common Pitfalls vs. Our Approach
Court Expectation |
Common Pitfall |
Our Solution |
Multiple search avenues (addresses, relatives, records) |
Only checked Google or Facebook |
Investigator + prior-effort log compiled into one record |
Clear timeline |
Dates missing, efforts out of order |
Normalized chronology that shows good faith |
Correct affidavit name |
Wrong label, clerk rejects filing |
Drafted to your jurisdiction’s nomenclature |
Sworn & notarized |
Unsigned affidavit gets denied |
Online notarization included where allowed |
The Human Side We See Every Day
Courts don’t want vague claims — they want hard evidence. Here’s how we help:
- Guilt and anxiety: You may feel guilty for not knowing where your spouse is, or anxious the judge will think you didn’t try hard enough.
- Decision fatigue: Each state’s rules differ, and learning them all is overwhelming. We act as the “translator” between your real-life efforts and the court’s expectations.
- Secure notarization: Online notarization makes your affidavit valid without the hassle of in-person appointments.
Data, Privacy & Accuracy
- We only request the information needed to meet the court’s standard.
- You’ll see exactly what’s included in your affidavit before notarization.
- If inconsistencies appear (different names, overlapping dates), we flag and correct them so your affidavit is consistent and credible.
Important Disclaimer
We prepare affidavits and documentation for the search phase only. We are not a law firm and do not provide legal advice or court representation. Outcomes are determined solely by the court, and additional steps may be required depending on your jurisdiction.
Ready for the Next Step?
If your spouse is missing, the affidavit of search is your gateway to moving forward. Done incorrectly, it can set you back weeks or even months. Done correctly, it gives you the solid proof the court requires.
Our role is to ensure your affidavit is thorough, compliant, and ready to file — so you can approach the court with confidence and take the next step toward closure.