You're asking the wrong question. It might be better to find out how to have your spouse declared legally dead. Missing for a whole year might be a qualifier. That way the divorce becomes a mute point and you might be in line for some type of inheritance or life insurance proceeds.

Every state is different, so you can talk to your lawyer to see what rules they have, but generally the solution to the problem of divorcing a missing spouse a "Divorce by Publication".

In order to file this, you have to prove that you have made a serious effort to locate your spouse. Typically you can announce your divorce in the newspaper for 30 days. Here are other ways to prove you have tried to find them:

1) Contact friends and family
2) Call information to look him up
3) Contact past employers
4) Do a search on a service like ussearch.com

It makes it more difficult since they can't find the spouse to divide property, set up custody and visitation (if you have kids) but it's a common problem especially if the separation was a long one. Good luck.

Good luck with this. It sounds like you have some good info to go with now.

You can legally post your intentions in a newspaper of the last known area for about 8 weeks. Each state and laws are different. If you have had no contact to your summons in that period of time, you can proceed with your divorce. Do it yourself divorce kits are a wonderful source of information-even if you aren't using it to file for the divorce. It explains how to send certified copies to the last known address etc. This will prove your case, that you made a viable attempt to contact this person and you can take this information to a judge to rule on your dissolution of marriage.