Legal Question in Family Law in California

Can the court grant asset division if my wife is missing? I served her a petition and a summons and she responded to the court within 30 days. Now she is missing. Can the court grant asset division if I am unable to find her?


Asked on 12/28/12, 12:41 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Yes, but you will have to still prove your case. You just won't be able to enter into any settlement.

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Answered on 12/28/12, 12:44 pm

You also must continue to serve her with all filings and notices as if you know where she is - you are allowed to use the address on whatever is the most recent papers she has filed with the court. If she does not file and serve a change of address with you and the court, then that address is presumed to be valid.

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Answered on 12/28/12, 1:05 pm


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