Yes. Although you may be unable to locate your spouse in order to serve him or her with the divorce papers, you may still be awarded a divorce in Georgia. After filing your Petition for Divorce, to proceed without locating your spouse, you must prove to the court via a signed affidavit or a verified complaint that you are not able to locate your spouse by stating the following:
- You swear to the best of your knowledge that you do not know the whereabouts of your spouse;
- You swear that you have used reasonable diligence in trying to find out where your spouse currently resides; and
- You must provide the court with your spouse's last known residence.
Once the court reviews this affidavit and satisfied that you have exercised due diligence in attempt to locate your spouse, they will then approve service by publication. Service by publication essentially involves a notice being placed in a newspaper or local legal publication announcing that a Petition for Divorce has been filed against the missing souse and that a divorce will be granted if that spouse does not file and Answer within 60 days after the notice is published. For more information regarding service by publication, visit here.