How do I get a divorce in Minnesota if I can't find my spouse?

Recently it has come up in some of my cases that one party cannot find the other party but wants to file for divorce. This can be because of problems that have recently occurred or when the parties have been separated for years and just never formally obtained a divorce.

In this kind of situation, the party who is seeking a divorce is able to ask for service by alternate means. Rather than having to find the person and have someone hand them the divorce papers, the court may allow you to mail the documents to last-known addresses. This provides the greatest likelihood that the other party will receive the documents and will be on notice that the divorce is pending.

The court usually will not allow you to just start with service by alternate means; typically it will require that service is attempted first. Either way, the court will not bar you from getting a divorce because you are not able to find your spouse.