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.
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:
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.
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:
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.
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:
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.
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.
Our process is designed to align with Washington court expectations and minimize the risk of procedural rejection.
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.
These fees apply only to the Missing Spouse Divorce Service and are separate from Washington court filing fees or divorce document preparation costs.
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.