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The same process is used regardless of the whereabouts of the non filing spouse. The party wanting the divorce files the dissolution of marriage petition in their state and county of residence. Service to a spouse who is not living in the state where the divorce is filed is known as an edictal citation. If the whereabouts of the person is not known the filing party must prove to the court that they have made every possible attempt to find the person or a member of the person family (subsituted service). A spouse who refuses to respond when served with the dissolution summons, regardless of where they may be residing forfeits his or her right to contest the action. When the non filing spouse refuses to respond or cannot be found, the requesting spouse will be granted the divorce under the default laws of the state in which the petition is filed.

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Q: How do you file for a divorce when you live in Oklahoma and your spouse lives in Italy when he will not agree even though there are no children in the marriage?
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