You can still pursue a divorce, but you must follow Hawaii’s rules for notifying them about the case. If you have lost contact with your spouse, the next steps depend on whether you can locate them and complete the required service. Here’s what can happen.
The court will ask you to try to locate your spouse
You cannot simply tell the court that you do not know where your spouse is and move on with the divorce. You generally need to make a reasonable effort to find them first, which may include contacting family or friends, checking with their last known employer or looking through available directories and records. You need to show the court that you genuinely tried to locate your spouse before asking to use another way to notify them.
The court may allow another way to notify your spouse
If you still cannot find your spouse after making a reasonable effort, the court may let you notify them another way, such as through publication. Hawaii Family Court has a process for requesting service by publication when you do not know where your spouse lives and cannot find them through other available sources.
The divorce can continue even if your spouse does not respond
Once you properly serve your spouse, their failure to respond does not necessarily stop the divorce from moving forward. The court can continue the case after you complete the required service and other divorce procedures.
Keep your divorce on track
If you cannot find your spouse, you may still have a path to divorce. A family law attorney can help you understand what you need to do next and avoid mistakes that could delay your case. You do not have to stay stuck.