Legal Question in Family Law in California
Is abandonment grounds for a divorce?
I got married in a typical Vegas wedding 8 years ago. My ''husband'' left me three weeks later, left the country and I haven't heard from him since. I have no idea where to find him and I am now ready to be married for real but, I don't know where to begin. What are my grounds for Divorce? Irreconcilable differences? Is it a Dissolution of Marriage, or a Nulity of Marriage? What forms do I start with? Please Help!!
2 Answers from Attorneys
Re: Is abandonment grounds for a divorce?
The statute of limitations has probably run on an nullity action and therefore you will need to file for a dissolution. You can serve him by publication if you do not know his location. You will need a Summons and Petition to start and maybe some local forms. You should probably have some help in preparing the forms, it will avoid delay. It is going to take about 7 months at least. Good Luck, Pat McCrary
Re: Is abandonment grounds for a divorce?
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Grounds for Dissolution of Marriage in CA are irreconcilable differences and incurable insanity. You start by filing a Petition and having the clerk issue the Summons. Then you need to make a diligent search for your husband. If you do not find him, you then file with the court for permission to serve him by publication. If (when) he fails to file a Response you ask the court to take a default against him. Finally you submit a proposed judgment for the court to approve and enter. This kind of divorce is not very expensive. See a lawyer.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.