If you are unable to locate your spouse, you may still be able to move forward with a divorce in Washington. Many individuals lose contact with their spouses and proceed through a process commonly referred to as a divorce by publication. This process involves additional legal steps and documentation compared to a standard uncontested divorce, but it remains a valid option under Washington law when a spouse cannot be found.

Before a Washington court will allow a divorce by publication, you must demonstrate that you made a genuine and diligent effort to locate your spouse. If those efforts are unsuccessful, the court may permit service by publication and allow the case to proceed.

Separation and Grounds for Divorce in Washington

Under Washington law, when filing for divorce, the petitioner is required to formally notify the other spouse of the court action. This is typically done through personal service, where divorce papers are delivered directly to the respondent, or through service by mail if the spouse’s address is known.

Washington is a no-fault divorce state. A divorce may be granted when the marriage is considered irretrievably broken. Even if your spouse cannot be located, you may still file for divorce, provided you meet the legal requirements and complete the required service steps, including a diligent search and, if necessary, service by publication.

When a spouse cannot be located after reasonable efforts, Washington courts may permit an alternative method known as service by publication. This allows the petitioner to notify the missing spouse by publishing a legal notice in a newspaper approved by the court, usually in the area of the spouse’s last known location or as otherwise directed by the court.

Before service by publication is authorized, the court requires proof that the petitioner made a diligent search to locate the missing spouse. This generally includes attempts to identify current addresses, contact information, employment records, and other publicly available data. These efforts must be documented and presented to the court, typically in the form of an affidavit.

If service by publication is approved and the missing spouse does not respond within the court-required timeframe, the judge may grant a divorce decree based on the irretrievable breakdown of the marriage. However, the court’s authority is limited in cases where the respondent spouse has not been personally served or has not appeared in the case.

In general, when a divorce proceeds by publication, the court cannot divide marital property, allocate debts, order spousal support, or make determinations regarding child custody or child support. Decisions on these matters typically require personal jurisdiction over both spouses, which usually means that both parties must be properly served and have the opportunity to participate in the case.

As a result, divorce by publication in Washington often allows a party to legally end the marriage, but does not resolve financial or parenting issues unless the missing spouse later appears or is personally served.

The Diligent Search Requirement

Washington courts require proof that reasonable efforts were made to locate the missing spouse before approving service by publication. These efforts typically include attempts to identify current contact information, last known addresses, employment records, and other publicly available data.

If your diligent search does not result in locating your spouse, the court may allow you to proceed with divorce by publication after proper documentation is submitted.

How Our Missing Spouse Divorce Service Works

If you are unable to find your spouse on your own, you may use our Missing Spouse Divorce service, which is separate from and supplemental to our Washington Divorce Service.

Through this service:

• We will hire a licensed private investigator to search available U.S. databases
  
• The investigator will prepare a detailed search report identifying all potential addresses, phone numbers, and contact leads
  
• A member of our team will conduct a diligent search using the investigator’s report and attempt to locate your spouse
  
• If your spouse cannot be located, we will prepare an Affidavit of Diligent Search and provide it to you
  

After receiving the Affidavit of Diligent Search, you are responsible for:

• Having any remaining court documents drafted (unless otherwise agreed)
  
• Filing all required documents with the Washington Superior Court
  
• Completing the publication and court process as required
  
  

If the Missing Spouse Is Successfully Located

If our team member successfully locates your spouse and your spouse agrees to proceed with the divorce in an uncontested manner, you may continue your case through our Washington Divorce Service, allowing you to complete the divorce without publication.

Pricing – Missing Spouse Divorce Service

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

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

Proceeding With Your Case

If you genuinely do not know your spouse’s whereabouts and wish to explore divorce by publication — or want professional assistance attempting to locate your spouse — we can help guide you through the available options.