There are many cases in which you might be required in law or by practice to leave an address so that others may find you. However, the same cannot be said about persons who are separated from marriage.

On several occasions, parties in marriage make what is loosely called a 'surgical cut', which implies that there is absolutely no connection between the parties after separation. As some of these separation lead to divorce proceedings, it is at that time that the party seeking divorce recognises the importance of keeping in touch after separation. The concern of a reader to this column highlights the problem.

The reader writes: "I read your response in the Star about a query from a reader on divorce proceedings. I started to file for divorce in January of this year, and I am still awaiting a decision on the matter.

No contact

I have been separated from my wife, who is living abroad, for over five years now. I do not know which State she is in and have no contact number for her. I went to my lawyer to start divorce proceedings and I told her that I did not know where to find her. She has already filed the papers in the court. I have noticed in your article that you have stated that the other party does not have to sign the divorce papers. My question to you now is, since I do not know where to find her, what is the next step for me as I need to move on with my life?

Also, how long does it take to get your divorce from the court? As I have stated, I started from early January and I cannot get anywhere with it."

I am sure that a visit to your lawyer will give you the answers you are looking for, but I believe that other readers might have similar concerns. In response, let me say that it is wise to have an idea as to where your spouse resides after separation. You may find this out by keeping in touch with close friends and family members of your spouse. If your spouse had a good relationship with her parents, you may find out from the parents as to her whereabouts.

If you are convinced that your spouse is in communication with her parents or a good friend, you may make an application to the court to have the divorce petition served on the parents or good friend. The court must be convinced that service of the petition on the parents or good friend would bring knowledge of the divorce proceedings to the attention of your spouse.

There might be another situation where you know or you are of the view, based on information provided to you from credible sources, that your spouse resides in the United States, but her exact address is unknown. On a proper application, the court may also make an order for notice of the proceedings to be published in the overseas newspapers, for instance the overseas Gleaner, say three times within a six-week period.

Generally, parties to divorce proceedings are served personally with the petition and other documents. Otherwise, it is necessary to secure an order from the court for substituted service on the parents, a good friend or publication in the newspapers locally and/or abroad.

Not knowing the whereabouts of your spouse could cause delay in obtaining your divorce as you have to make additional applications to the court to secure orders for substituted service. This will also increase the cost of your legal service. There might be good wisdom to keep in touch after separation and there will always be a good explanation for this, even if children are not involved.

Finally, let me say that there is no set time to get your divorce completed, but I would expect that without any problem such as service on the spouse, and no issues relating to children are involved, I would expect the process to be completed in or before six months.

Keith N. Bishop is an attorney-at-law and partner in the firm of Bishop & Fullerton. He may be contacted by e-mail at knbishop@gmail.com or knb@bishopfullerton.com.