Washington Missing Spouse Divorce – Divorce by Publication

If you cannot locate your spouse, you may still be able to get divorced in Washington through a legal process known as divorce by publication.

Many people lose contact with a spouse due to relocation, separation, or lack of communication. Washington law allows a divorce to proceed when a spouse cannot be found, provided the petitioner can demonstrate a diligent effort to locate them. If those efforts fail, the court may permit service by publication, allowing the case to move forward.

This page explains how divorce by publication works in Washington, what courts require, and how professional assistance can help you avoid delays or rejection.

Can You Get Divorced in Washington If You Cannot Find Your Spouse?

Yes. Washington is a no-fault divorce state, meaning a divorce may be granted when the marriage is considered irretrievably broken.

Under normal circumstances, Washington law requires that the other spouse be formally notified of the divorce through:

  • Personal service, or
  • Service by mail when an address is known

When the spouse’s whereabouts are unknown despite reasonable efforts, Washington courts may allow an alternative method called service by publication.

Service by publication involves publishing a legal notice in a court-approved newspaper, usually in the area of the spouse’s last known location or as directed by the court.

The Diligent Search Requirement in Washington

Before approving service by publication, Washington courts require proof that you made a genuine and reasonable effort to locate your spouse.

This is known as a diligent search, and it must be documented.

A diligent search typically includes attempts to identify:

  • Last known residential addresses
  • Employment or employer records
  • Phone numbers or email addresses
  • Public records and databases

These efforts must be clearly explained in writing and submitted to the court, usually through an Affidavit of Search Efforts.

If the court finds that the search was insufficient, your request for service by publication may be denied, causing delays and additional filing costs.

What Happens After Service by Publication?

If the court approves service by publication and the missing spouse does not respond within the required timeframe, the judge may grant a divorce decree based on the irretrievable breakdown of the marriage.

However, Washington courts have limited authority in publication cases.

In most divorces by publication, the court cannot:

  • Divide marital property
  • Assign marital debts
  • Order spousal support
  • Decide child custody or child support

Divorce by publication generally allows you to legally end the marriage, but does not resolve financial or parenting matters unless the spouse later appears or is personally served.

How Our Washington Missing Spouse Divorce Service Works

If you are unable to locate your spouse on your own, our Missing Spouse Divorce Service helps you properly meet Washington’s diligent search requirement.

This service is separate from and supplemental to our Washington Divorce Service.

Through this service, we:

  • Hire a licensed private investigator to search U.S. databases
  • Receive a detailed report listing potential addresses, phone numbers, and contact leads
  • Conduct a documented diligent search based on those findings
  • Attempt to locate your spouse directly
  • Prepare a professionally drafted Affidavit of Search Efforts if the spouse cannot be found

Our process is designed to align with Washington court expectations and minimize the risk of procedural rejection.

What If Your Spouse Is Located?

If your spouse is successfully located and agrees to proceed with the divorce uncontested, you may continue through our Washington Divorce Service instead.

This allows you to complete the divorce without publication, which is often faster and less complex.

Missing Spouse Divorce Service Pricing

  • Private Investigator Search Fee: $175
  • Diligent Search & Affidavit Drafting: $295

These fees apply only to the Missing Spouse Divorce Service and are separate from Washington court filing fees or divorce document preparation costs.

Ready to Move Forward With Your Washington Divorce?

If you genuinely do not know your spouse’s whereabouts and want a legally valid way to move your divorce forward, we can help guide you through the next steps.

You do not have to guess what the court requires — or risk delays by submitting insufficient documentation.