How to Prove a Diligent Search

When your spouse has disappeared, it feels like you’re standing at a crossroads with no clear path forward. You want to close one chapter of your life and begin another, but the court won’t let you move forward until you’ve proven you’ve made a diligent search.

• Due process – Even if your spouse has abandoned the marriage, they still have the constitutional right to notice. A diligent search ensures you respected that right.
  
• Preventing abuse – Without diligence, someone could claim their spouse was “missing” just to speed through a divorce unfairly. The search requirement prevents misuse.
  
• Finality – A strong affidavit reduces the risk of a missing spouse returning later to challenge the divorce. Courts want to ensure the judgment is stable and enforceable.
  

In other words: diligence protects you as much as it protects your spouse.

What Judges Look For

When reviewing affidavits of search, judges typically ask themselves:

• Were multiple avenues of search attempted?
  
• Are the efforts described with dates, names, and outcomes, or just broad claims?
  
• Did the spouse try both personal contacts (family, friends) and official records (DMV, property)
  
• Was a professional investigator involved?
  
• Is the affidavit sworn and notarized?
  

If any of these are missing, the affidavit may be rejected or the judge may order additional efforts.

The Reality of a Diligent Search

Courts don’t accept casual attempts; they expect a systematic, multilayered process where each step is verified, recorded, and presented in a sworn affidavit. Most jurisdictions require some or all of the following — and often more, depending on the judge:

1. Last Known Residence

• Attempt service at the last recorded address by certified mail with return receipt requested, keeping both the envelope and the green card (or its electronic equivalent) as evidence.
  
• Visit in person (if geographically possible) to confirm occupancy, documenting with dated photographs and notes.
  
• Speak with current tenants, neighbors, or property managers, noting their full names, contact details, and verbatim statements.
  
• Retain records of returned mail stamped “undeliverable” and log the postal tracking numbers.
  

2. Relatives and Friends

• Compile a comprehensive list of immediate and extended family members (parents, siblings, adult children, cousins) as well as known friends, colleagues, and associates.
  
• Initiate contact by phone, email, and letter; maintain call logs, email printouts, and certified mail receipts.
  
• Record the precise dates, times, and content of each conversation. Even unhelpful answers such as “I don’t know” must be transcribed and attached.
  
• Preserve proof of attempts that went unanswered (screenshots of undeliverable emails, phone bills showing outgoing calls).
  

3. Employer or Union Records

• Identify the spouse’s last known employer(s) or professional affiliations.
  
• Submit formal written inquiries to human resources departments, unions, or licensing boards, on letterhead if possible.
  
• Keep copies of letters, email correspondence, and any responses (even refusals to provide information).
  
• Record the exact dates these inquiries were sent and the names of officials contacted.
  

4. Government Databases and Public Records

• Request motor vehicle records (driver’s license, vehicle registration) from the DMV, which often requires completing specialized forms and paying administrative fees.
  
• Search voter registration databases at the county or state level.
  
• Pull property deeds, tax assessments, or liens through the county recorder or assessor’s office.
  
• Review online and in-person indexes of civil and criminal filings to check whether the spouse has appeared as a party in any case.
  
• Document each search with copies, certified extracts, or screenshots, along with time-stamped notes.
  

5. Postal and Utility Inquiries

• File a Freedom of Information Act–based request or a PS Form 3575 inquiry with the U.S. Postal Service to determine whether a forwarding address exists.
  
• Contact electric, water, gas, and telecommunications providers to ask whether the spouse maintains active accounts; record company names, dates, and reference numbers.
  
• Retain all correspondence, including rejection letters citing privacy restrictions, as these too demonstrate an attempted inquiry.
  

6. Online Presence and Digital Traces

• Conduct methodical searches across all major social media platforms — Facebook, Instagram, Twitter, LinkedIn, TikTok — and note usernames, handles, or URLs.
  
• Use general search engines and specialized directories (e.g., Whitepages, Spokeo, Pipl), documenting each query string used.
  
• Take full-page screenshots showing results, along with system-generated date stamps.
  
• Repeat searches periodically to show continuing diligence, not just one attempt.
  

7. Licensed Investigator Report

• Retain a licensed private investigator or skip tracer, who will access proprietary databases not open to the public.
  
• Ensure the investigator provides a signed, notarized report summarizing the scope of their search, data sources consulted, and reasons for any negative findings.
  
• Attach this report to your affidavit as an exhibit, complete with notarization seal and investigator license number.
  

On average, the entire search + affidavit phase takes 7–10 business days. After that, the timeline depends on court schedules, publication periods (often 3–4 weeks), and mandatory waiting periods.

A sloppy affidavit today can become a major problem tomorrow.

The Role of the Affidavit

All of your efforts culminate in one critical document: the affidavit of search. This sworn statement:

• Lists every step you took.
  
• References attached exhibits (letters, receipts, reports).
  
• Is notarized to confirm its truthfulness.
  
• Becomes part of the court record and the foundation for your motion to serve by publication.
  

No affidavit = no publication. It really is that simple.

Why Many People Seek Professional Help

While it is possible to attempt this on your own, most people struggle with:

• Understanding what steps are legally “enough.”
  
• Formatting affidavits in the way courts expect.
  
• Gathering and organizing exhibits.
  
• Getting the affidavit notarized correctly.
  

That’s why many choose to work with services like ours. We don’t handle the full divorce — just the investigator’s report + affidavit drafting — but that’s the part most people find hardest.

Key Takeaway

Proving a diligent search is the hardest but most important step in a missing spouse divorce. It requires persistence, detailed documentation, and a sworn affidavit the court will accept.

Do it right, and you can move forward to the publication stage with confidence. Do it wrong, and you may find yourself delayed, dismissed, or challenged later.

If your spouse is missing, the diligent search is your gateway to resolution.