Divorce Law

Can I file for divorce if my spouse is missing and hasn't been heard from for years?

Asked by Anonymous · Answered 04 Feb 2026

The Question
My spouse left several years ago and I haven't heard from them since, despite trying to locate them. Can I get a divorce, or am I stuck being legally married indefinitely?
Answer — MyLawIndia Legal Team

Yes, most personal laws specifically recognise prolonged, unexplained absence — typically for a continuous period of several years, during which the person hasn't been heard of as being alive by those who would naturally have heard from them — as a ground for divorce or a presumption of death, letting you seek relief rather than remaining indefinitely tied to an unresolved marriage.

The process usually still requires filing a formal petition, and courts generally require the petitioning spouse to show genuine, reasonable efforts were made to trace and locate the missing spouse — such as police complaints, newspaper notices, and enquiries with relatives — before the court will presume the necessary facts and grant relief.

Since this can involve a somewhat more involved evidentiary process than an ordinary divorce, it's advisable to consult a family lawyer who can guide you on what specific documentation of your efforts to trace your spouse would strengthen the petition.

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