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Divorcing a missing spouse is referred to as a "Divorce by Publication" because you must submit a legal notice to run in the local newspaper as a method of serving your spouse.This being said, the court will make you "jump through hoops" to prove that you have made every possible effort to locate your spouse.
In California, if you do not know the whereabouts of a defendant or respondent, you can petition the court for permission to serve the papers by publication. To serve a party by publication means that you publish the Summons and all required documentation in a newspaper of general circulation.
Personal service means that someone hands the defendant the relevant papers.These are your options for who can serve the defendant. Sheriff, marshal, or constable. All states allow personal service to be made by law officers, although not all officers will serve civil subpoenas.
"Service by publication" means that you publish the Summons or other document in a newspaper of general circulation in the area where your spouse or partner is likely to be. For service by publication, you will have to pay the newspaper a fee to publish the document.
A waiver of service or summons means that a party voluntarily enters a lawsuit without requiring the opposing party to serve them with a summons and petition.Most people do not want to be served by a sheriff's deputy or special process server and so elect to sign a waiver of service.
Subd.Service by mail shall be made only by the sheriff or by any other person who is at least 18 years of age who is not a party to the proceeding. Pursuant to Minnesota Statutes 2006, section 518A. 46, subdivision 2, paragraph (c), clause (4), an employee of the county agency may serve documents on the parties.
Publish the Notice in the Appropriate Newspaper In some states, the notice must appear once a week for at least three consecutive weeks. This gives the defendant enough chances to see the notice and take necessary action. Only after the completion of the three weeks will the service by publication be complete.
How do I serve the divorce complaint on my spouse in Minnesota? The easiest way to serve your spouse is to use a private process server, the sheriff's department, or have anyone that is over 18 and not an interested party to the case give your spouse the documents.
The cost depends upon the publication you use for notice. It's usually under $200.