I Can’t Find My Spouse: How Can I Divorce?

Divorce can be a challenging and emotionally taxing process, but it becomes even more complicated when you can’t locate your spouse. In Singapore, the law recognizes that circumstances like this can arise, and there are legal avenues to help individuals navigate through such situations. If you’re in this predicament, this guide will walk you through the steps of getting a divorce when your spouse is missing.

1. Preliminary Considerations

Before starting the divorce process, it’s essential to consider the following:

• Minimum Requirements for Divorce: You must have been married for at least three years unless there is evidence of exceptional hardship or cruelty.

• Grounds for Divorce: Singapore follows a “no-fault” divorce system based on the irretrievable breakdown of the marriage. The most common grounds include:

  • Unreasonable behavior

  • Adultery

  • Separation for at least three years (if your spouse agrees to the divorce) or four years (if they do not).

If you meet these criteria and cannot find your spouse, you can still file for divorce using special procedures.

2. Making Reasonable Efforts to Locate Your Spouse

The court will require you to demonstrate that you’ve made a genuine effort to locate your spouse. Here are some steps you can take:

• Contacting Family and Friends: Reach out to relatives, mutual friends, and acquaintances to gather information about their whereabouts.

• Using Social Media: Sometimes, people leave digital footprints on platforms like Facebook, Instagram, or LinkedIn. Check these platforms for any updates or location clues.

• Professional Search Services: Consider hiring a private investigator or using search services to help locate your spouse.

• Official Records: Check public records such as government agencies, tax records, or credit reports for updated addresses.

The court needs to see that you’ve exhausted all reasonable means of finding your spouse.

3. Apply for Substituted Service

If your attempts to find your spouse are unsuccessful, you can apply for substituted service. This legal procedure allows you to notify your spouse of the divorce proceedings through alternative methods, such as:

• Publishing in the Newspaper: The court may allow you to publish the divorce notice in a local newspaper.

• Email or Social Media: If you have an email address or social media account linked to your spouse, the court might permit service through these channels.

• Serving to a Relative: The court could permit service to a close relative if they are in touch with your spouse.

To apply for substituted service, you’ll need to file an affidavit explaining the steps you’ve taken to locate your spouse and why you believe substituted service is the only option left.

4. Proceeding with Divorce by Default

If your spouse does not respond to the divorce application after being served through substituted service, you may proceed with the divorce by default. The court may grant the divorce in their absence if they fail to attend the hearing or file a response.

5. Key Documents to Prepare

While preparing for a divorce in Singapore, you’ll need to file certain documents with the Family Justice Courts:

• Writ for Divorce: This initiates the divorce proceedings.

• Statement of Claim: Outlines the facts supporting the breakdown of the marriage.

• Statement of Particulars: Details the behavior or reasons for seeking divorce (e.g., abandonment, unreasonable behavior).

• Acknowledgment of Service: This document confirms the receipt of the divorce papers by your spouse. In cases of substituted service, you may have to file evidence of the publication or email.

6. Court Process

Once all the documents are filed and the court accepts the substituted service application, the divorce process will move forward. If your spouse doesn’t contest the divorce, the court may grant an uncontested divorce in their absence. After this, you will receive a Final Judgment of Divorce.

7. Additional Considerations: Division of Assets and Custody

Even if your spouse is missing, the court will address issues like:

• Division of Assets: The court will attempt to divide matrimonial assets equitably, but this may be complex if your spouse is unavailable to provide information. Be prepared to present all available financial records.

• Child Custody and Support: If you have children, the court will consider custody and support matters. If the absent spouse is the non-custodial parent, enforcing child support payments could be challenging.

8. Conclusion

While getting a divorce without knowing your spouse’s whereabouts may feel overwhelming, Singapore’s legal system provides pathways for individuals in such situations. By demonstrating that you’ve made genuine efforts to locate your spouse and applying for substituted service, you can still proceed with your divorce. However, it’s essential to seek legal advice to ensure all the steps are properly followed, as the process can be complex.

Legal Assistance

Engaging a family lawyer who specializes in such cases is highly recommended. They can guide you through the process, ensuring that all legal requirements are met and that your case is presented clearly to the court.

Divorce is never easy, and when your spouse is missing, it can feel like an even more daunting task. However, with the right legal support and persistence, you can still achieve closure and move on to the next chapter of your life.

Our lawyers are experienced with divorces where the spouses cannot be found. Contact us at 8780-2499 for more information.