Using Service by Publication to Notify Spouse
What is Service by Publication? Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I focus on fathers’ rights and practice here in Tulsa, Oklahoma.
When to Use Service by Publication
In previous videos, we’ve discussed different issues regarding serving divorce paperwork to your spouse. In this video, we’ll cover the scenario where you cannot locate your spouse, despite reasonable efforts.
Let’s say the process server has tried multiple times to find them. They may have done what’s called a skip trace or searched databases to locate your spouse. This situation usually comes up when the parties have been separated for quite some time.
The Process of Serving by Publication
So, what happens if you still can’t find them? After making reasonable efforts—hiring a process server, sending certified mail, and trying to contact them—you can file an application through your attorney to serve by publication.
This means running a legal notice in an approved newspaper for a specific number of weeks, following certain statutory requirements. It includes specific information required by law to notify the public and, hopefully, your spouse.
Requesting a Default Order
Now, it might not be reasonable to expect your spouse to read that paper or be informed by someone who does. But at that point, it’s your only legal option. The law allows service by publication as a last resort so you can still move your case forward.
If your spouse doesn’t respond, you can request a default order in your favor. However, these default orders can sometimes be vacated if your spouse later appears in court.
Schedule a Consultation Today
I hope this helps. Visit our website for more information, or call (918) 962-0900 today to schedule an appointment with our experienced Tulsa divorce attorney, Clint Hastings. Thanks.
