Legal Question in Family Law in California
My boyfriend wants to get a divorce from his ex, they are legally separated right now and have been for 5 years. But we can't locate his ex. How can he get divorced if no one can locate her since she is on the run?
2 Answers from Attorneys
A divorce can be obtained by default if the other party can't be located. But you need to make a good effort to locate and notify her that the process is underway. Check with a local family law attorney about how to serve by publication, and then process a default prove-up. good luck.
First off, I doubt they are legally separated, since that is essentially a full divorce proceeding as far as property, custody, support, etc., only you don't get a divorce judgment at the end. It is pretty much only used for religious reasons. As for getting a divorce, you proceed the same as if he knows where she is as far as filing. Once it is on file, he has to make good faith efforts to locate her and document those efforts. If he then cannot locate her, he files a motion with the court to serve her by publication. If he really has tried to find her and just can't, the court will grant the motion. How to serve by publication is too detailled to go into here. Once he reaches that point he'll want to consult with an attorney in person.